Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Lumina Workforce, Inc. (“Lumina Workforce,” “we,” “us,” or “our”), a Delaware corporation, governing your access to and use of the Lumina Workforce platform, software, mobile applications, and related services (collectively, the “Service”).

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such case, “you” and “your” refers to that entity. If you do not have such authority, or if you do not agree to these Terms, you must not accept these Terms and may not use the Service.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the “Last Updated” date above and, for significant changes, by sending an email to the account owner. Continued use of the Service after any changes constitutes acceptance of the revised Terms.

Lumina Workforce provides a cloud-based workforce management platform designed for multi-site organizations. The Service includes, but is not limited to:

• –GPS-verified clock-in and clock-out functionality for employees
• –Real-time attendance monitoring and absence management
• –Shift scheduling and template management across multiple worksites
• –Timecard review, approval, and export workflows
• –Manager and employee portals with role-based access controls
• –Push notifications for attendance alerts and shift reminders
• –Data export capabilities in CSV and other formats
• –Webhooks and API access for integrations (Growth and Enterprise plans)
• –Mobile application for iOS and Android (employee portal)

We continually evolve the Service. We may add, modify, or discontinue features at any time. Where practical, we will provide advance notice of material changes that significantly affect existing functionality.

To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must immediately notify us at security@luminaworkforce.com if you suspect any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

Each account requires a valid, unique email address. You may not share your account with any other person. Enterprise accounts may create sub-accounts for individual managers and employees within the limits of their subscription plan.

You must be at least 18 years old to create an account. By registering, you represent that you meet this age requirement.

The Service is offered on a subscription basis. Current plan details, pricing, and feature comparisons are available at luminaworkforce.com/pricing. All fees are in US Dollars unless otherwise stated.

Billing. Subscription fees are billed monthly or annually in advance, depending on the billing cycle you select. Annual subscriptions receive a discount as published on the pricing page and are paid in full at the beginning of each annual period.

Payment Processing. Payments are processed by Stripe, Inc. By providing payment information, you authorize us to charge your designated payment method for all applicable fees. You represent that the payment information you provide is accurate and that you are authorized to use the designated payment method.

Price Changes. We reserve the right to change our pricing with 30 days' advance notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

Taxes. Fees are exclusive of all applicable taxes, levies, or duties. You are responsible for paying all such taxes associated with your purchase, except for taxes based on our income.

Refunds. Except as required by applicable law, all fees are non-refundable. We do not provide refunds or credits for partial subscription periods, unused features, or unused capacity.

Overdue Payments. If payment is not received when due, we may suspend access to your account. Access will be restored upon receipt of all outstanding amounts. Accounts suspended for more than 60 days may be subject to termination.

We may offer a free trial of the Service for a specified period. During a free trial, you will have access to the features available in the plan associated with the trial. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

We reserve the right to limit free trial eligibility to one per organization. Abuse of free trial offers—including creating multiple accounts to obtain additional trial periods—is a material breach of these Terms and may result in immediate account termination.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You specifically agree not to:

• –Use the Service to violate any applicable local, state, national, or international law or regulation
• –Collect, store, or process personal data of individuals without the legal authority to do so or without compliance with applicable data protection laws
• –Attempt to gain unauthorized access to any portion of the Service, other accounts, or any computer systems or networks connected to the Service
• –Use automated means (including bots, scrapers, or spiders) to access the Service in any manner not expressly permitted by these Terms
• –Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein
• –Transmit viruses, malware, or any other malicious code intended to damage, disable, or gain unauthorized access to any computer system
• –Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Service
• –Resell, sublicense, or otherwise commercialize the Service without our express written consent
• –Use the Service to store or transmit unlawful, harassing, defamatory, obscene, or otherwise objectionable content
• –Circumvent any usage limits, rate limits, or access controls implemented in the Service

We reserve the right to investigate suspected violations of these policies and to suspend or terminate accounts found in violation, without prior notice and without liability.

Our Intellectual Property. The Service, including all software, algorithms, databases, interfaces, designs, trademarks, trade names, and documentation, is owned by Lumina Workforce, Inc. and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to the Service beyond the limited license granted herein.

License to Use. Subject to your compliance with these Terms and timely payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your subscription term solely for your internal business operations.

Your Content. You retain all right, title, and interest in any data, content, or information you upload to or generate within the Service (“Customer Data”). You grant us a limited, non-exclusive license to access, process, and store Customer Data solely to provide the Service to you.

Feedback. If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a royalty-free, worldwide, perpetual license to use and incorporate such feedback into the Service without obligation to you.

Our Privacy Policy describes how we collect, use, and protect personal data. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

Your Responsibilities as a Data Controller. For any personal data of your employees or other individuals that you process through the Service, you are the data controller and are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining all necessary consents and providing appropriate notices to data subjects.

Employee Privacy. If you use the Service to monitor employee attendance and location, you are responsible for complying with all applicable labor laws, employee notification requirements, and consent obligations in the jurisdictions where your employees are located. You must inform employees of any monitoring activities facilitated by the Service.

Data Processing Agreement. Where required by applicable law (including the EU General Data Protection Regulation), our Data Processing Agreement governs the processing of personal data on behalf of business customers. By using the Service, you agree to the DPA in addition to these Terms.

Each party agrees to maintain the confidentiality of the other party's Confidential Information. “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party without restriction before disclosure; (c) is independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt prior notice to the disclosing party.

Obligations of confidentiality survive termination of these Terms for a period of three (3) years.

Uptime. We strive to maintain high availability of the Service. Enterprise subscribers receive a 99.97% monthly uptime SLA as described in their order documentation. For other plans, we target but do not guarantee 99.5% uptime. Scheduled maintenance windows are excluded from uptime calculations.

Support. Starter plan customers receive email support with response times within two business days. Growth plan customers receive priority email support with responses within one business day. Enterprise customers receive dedicated support with response times defined in their service agreement.

Scheduled Maintenance. We perform routine maintenance, typically during off-peak hours. We will provide advance notice of planned maintenance that may affect Service availability.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Service will be accurate or reliable; or (d) any errors in the Service will be corrected.

GPS and location data accuracy depends on device hardware, operating system permissions, network conditions, and environmental factors beyond our control. We do not warrant the accuracy of any GPS or location data captured through the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMINA WORKFORCE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).

THE LIMITATIONS ABOVE APPLY REGARDLESS OF THE FORM OF THE CLAIM (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Lumina Workforce, Inc. and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your violation of any third-party rights; (d) any Customer Data you submit to the Service; or (e) any dispute between you and your employees or other third parties related to your use of the Service.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

Term. These Terms commence on the date you first access or use the Service and continue until your subscription is terminated.

Termination by You. You may cancel your subscription at any time from within your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of that period.

Termination by Us. We may suspend or terminate your access to the Service: (a) immediately if you materially breach these Terms; (b) with 30 days' notice for any reason or no reason; or (c) immediately if required by law or to protect the security of the Service or other customers.

Effect of Termination. Upon termination, your right to use the Service ceases immediately. Within 30 days of termination, you may request an export of your Customer Data. After this period, we may permanently delete your Customer Data in accordance with our data retention policies. Provisions that by their nature should survive termination will survive, including intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution. Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes informally by contacting the other party. If a dispute is not resolved within 30 days, either party may pursue formal resolution.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The arbitrator's decision shall be final and binding.

Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial and any right to participate in a class action lawsuit.

Exception. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Entire Agreement. These Terms, together with our Privacy Policy, Cookie Policy, and any order forms or service agreements, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Notices. Notices to you will be provided by email to the address associated with your account. Notices to us should be sent to legal@luminaworkforce.com or to our registered agent at our principal place of business.

Force Majeure. Neither party will be liable for any failure or delay in performance due to causes beyond their reasonable control, including acts of God, war, terrorism, pandemic, strikes, or failures of telecommunications or internet infrastructure.

Contact. For questions about these Terms, contact us at legal@luminaworkforce.com.