Terms & conditions

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, purchasing, or using our services, you ("Client," "user") agree to comply with and be bound by these Terms.

1.2 Non-Acceptance

If you do not agree with these Terms, you must not use our services.

2. Definitions

• "Services" refers to the customization and support services provided by Lummy Ltd for the implementation of an AI-powered chatbot.
• "Chatbot" refers to the AI-powered virtual assistant provided by a third-party service provider and customized by Lummy Ltd for the Client.
• "Subscription" refers to the periodic payment plan chosen by the Client for the Services.
• "Content" refers to the information and materials provided by the Client for use in customizing the Chatbot.

3. Scope of Services

3.1 Service Provision

Lummy Ltd assists in customizing and facilitating the implementation of an AI-powered chatbot provided by a third-party service provider.

3.2 Functionality

The Chatbot responds to customer queries based on the Content provided by the Client.

3.3 Customization and Facilitation

We customize and facilitate the implementation of the Chatbot for the Client but do not own, sublicense, or distribute the underlying technology used to deliver the Chatbot services.

3.4 Third-Party Technology

The Client acknowledges that the Chatbot technology is provided by a third-party provider, and its use is subject to that provider's terms and conditions. Lummy Ltd makes no representations or warranties regarding the third-party technology.

3.5 Service Conditions

• "As Is" Basis: The Services are provided on an "as is" and "as available" basis without warranties of any kind.
• No Guarantee: We do not guarantee that the Chatbot will be error-free, uninterrupted, or meet specific performance requirements.
• Professional Advice: The Chatbot is a tool to assist business operations and should not be relied upon as a substitute for professional advice.

4. Client Responsibilities

4.1 Accurate Information

The Client must provide accurate, complete, and up-to-date information for service customization.

4.2 Content Updates

It is the Client's sole responsibility to notify Lummy Ltd of any updates or changes to their Content and to request retraining or updates to the Chatbot.

4.3 Compliance with Laws

The Client is responsible for ensuring that the Content and their use of the Chatbot comply with all applicable laws and regulations, including medical, legal, and professional standards.

4.4 Acceptable Use

The Client agrees not to use the Services for any unlawful or prohibited activities as outlined in our Acceptable Use Policy.

5. Acceptable Use Policy

5.1 Lawful Use

Clients must use the Services only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Activities

• Illegal Activities: Engaging in any activity that is illegal or infringes upon the rights of others.
• Harmful Content: Providing Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
• Regulatory Violations: Violating any applicable laws or regulations, including those related to medical advice and patient confidentiality.

5.3 Enforcement

Lummy Ltd reserves the right to suspend or terminate Services immediately if the Client violates this Acceptable Use Policy.

6. Subscriptions and Payment

6.1 Subscription Plans

• Options: Monthly and annual subscription plans are available.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless canceled by the Client.

6.2 Payment Terms

• Payment Processing: Payments must be completed before service activation and are processed through Stripe Billing, subject to Stripe's terms and conditions.
• Non-Payment: Failure to pay will result in immediate suspension of Services.
• No Refunds: All payments are non-refundable once Services are activated.

6.3 Cancellation Policy

• How to Cancel: Clients may cancel their subscription at any time before the renewal date by providing written notice to Lummy Ltd.
• Service Continuation: The Services will remain active until the end of the paid period, and the subscription will not renew.
• No Refunds for Cancellation: No refunds are provided for the current subscription period upon cancellation.

7. Limitation of Liability

7.1 Exclusion of Liability

To the maximum extent permitted by law, Lummy Ltd shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses resulting from:

• Use of Services: The use or inability to use the Services.
• Errors or Omissions: Any errors, omissions, or inaccuracies in the Chatbot's responses.
• Unauthorized Access: Any unauthorized access to or alteration of your transmissions or data.
• Client's Content: Any issues arising from the Content provided by the Client.
• Third-Party Technology: Any issues arising from the use of third-party services or technology, including the Chatbot provided by the third-party provider.

7.2 Liability Cap

Lummy Ltd's total liability to the Client for all claims arising out of or relating to these Terms or the Services is limited to the total amount paid by the Client to Lummy Ltd in the twelve (12) months preceding the claim.

7.3 Indemnification

The Client agrees to indemnify, defend, and hold harmless Lummy Ltd from any claims, damages, liabilities, and expenses arising out of or in connection with:

• Client's Use of Services: The Client's use or misuse of the Services.
• Violation of Terms: Any breach of these Terms by the Client.
• Content Provided: Any Content provided by the Client, including but not limited to claims that such Content infringes on the rights of third parties.

7.4 Third-Party Services

Lummy Ltd shall not be liable for any issues arising from the use of third-party services or technology, including but not limited to the Chatbot provided by the third-party provider.

8. Disclaimers

8.1 No Medical or Professional Advice

The Chatbot is not intended to provide medical diagnosis, treatment, or professional advice and should not be relied upon as such.

8.2 No Warranty

Lummy Ltd does not warrant that the Services will meet the Client's specific requirements or that any errors in the Services will be corrected.

8.3 Third-Party Technology

The Chatbot technology is provided by a third-party provider and is subject to their terms and conditions. Lummy Ltd disclaims all warranties related to this technology and is not responsible for its performance or compliance.

9. Acknowledgment of Third-Party Services

9.1 Third-Party Provider

The Client acknowledges that the Chatbot technology is supplied by a third-party provider.

9.2 Agreement to Third-Party Terms

By using the Services, the Client agrees to comply with all applicable terms and conditions of the third-party provider.

9.3 No Sublicense or Distribution

Lummy Ltd does not own, sublicense, or distribute the underlying Chatbot technology, and the Client does not receive any rights to the underlying technology beyond those provided by the third-party provider.

10. Termination

10.1 Termination by Either Party

Either party may terminate the subscription by providing written notice to the other party before the next renewal date.

10.2 Termination by Lummy Ltd

We reserve the right to suspend or terminate Services immediately for breach of these Terms, violation of the Acceptable Use Policy, or non-payment.

10.3 Effect of Termination

Upon termination, all rights granted to the Client under these Terms will cease immediately.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

11.2 Initial Resolution Efforts

Any disputes arising under or in connection with these Terms shall first be attempted to be resolved through good faith negotiations between the parties.

11.3 Mediation

If a resolution cannot be reached, the dispute shall be referred to mediation in accordance with the mediation procedures of a recognized mediation service in the UK.

11.4 Jurisdiction

If mediation fails, the dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Notices

12.1 Method of Notice

All notices and other communications under these Terms must be in writing and will be deemed to have been duly given when delivered:

• By Email: To the designated email address provided by each party.
• By Mail: By registered or certified mail, postage prepaid, to the address provided by each party.

13. Severability

13.1 Enforceability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

14. Assignment

14.1 By the Client

The Client may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of Lummy Ltd.

14.2 By Lummy Ltd

We may assign or transfer our rights and obligations under these Terms without the Client's consent.

15. Entire Agreement

15.1 Complete Agreement

These Terms constitute the entire agreement between the parties and supersede any prior agreements, discussions, or understandings, whether written or verbal, relating to the subject matter herein.

15.2 Amendments

Any amendments to these Terms must be made in writing and signed by both parties.

16. Changes to Terms

16.1 Right to Modify

Lummy Ltd reserves the right to update or modify these Terms at any time.

16.2 Notification of Changes

Any changes will be effective upon posting the revised Terms on our website. Continued use of the Services after any such changes constitutes your acceptance of the new Terms.

17. No Third-Party Rights

17.1 Exclusion of Third-Party Beneficiaries

Nothing in these Terms shall confer any rights upon any person or entity other than the parties and their respective successors and permitted assigns.

18. Compliance with Laws

18.1 Client's Responsibility

The Client agrees to comply with all applicable laws and regulations in connection with their use of the Services.

19. Governing Language

19.1 Language Preference

These Terms are drafted in the English language. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

20. Contact Information

For questions or concerns about these Terms and Conditions, please contact us at contact@lummy.ai.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Lummy Ltd is registered in England & Wales, company no. 15989826.