Lumanu Buyer Terms and Conditions
Last Updated: January 15, 2025
Introduction
These Terms and Conditions ("Terms") govern your use of Lumanu’s services as a Vendor ("you," "your," "creator"), provided by Lumanu, Inc. ("Lumanu," "we," "us," "our"). By using Lumanu’s platform to receive payments, you agree to these Terms. Please read them carefully.
Our terms and conditions include the following policies and agreements for our third-party service providers that permit us to deliver services to our Buyers and Vendors:
Business Deposit Account Agreement
Electronic Communications Agreement
1. Scope of Services
Lumanu provides a platform enabling Vendors to receive payments. By using our services, you acknowledge and agree that:
Your payment obligations from Buyers are satisfied upon receipt by Lumanu.
Funds are released to you through our platform once processed.
Lumanu may deny continued access or terminate or discontinue the delivery of services to you in its sole discretion and without explanation.
We may clear transactions for our Buyers and pay you through third party financial institutions and service providers we use.
2. Account Creation
To use our services, you must create a Vendor account. When registering, you agree to:
Provide accurate and up-to-date information, including your name, taxpayer identification number, email address, and bank details.
Complete Lumanu’s Know Your Business (KYB) process to validate your identity.
By using Lumanu, you authorize us to collect and share personal information (e.g., name, email, bank details) as required for account creation and payment processing with our third-party service providers.
Maintain the confidentiality of your account credentials and promptly notify Lumanu of unauthorized access.
You authorize Lumanu, directly or through its third-party service providers, to make any inquiries we consider necessary to verify your or your business’ identity. This may include verifying your Personal Information and your business’ information against third party databases or through other sources.
Comply with our policies.
3. Eligibility Requirements:
You must be at least 18 years old and authorized to enter legally binding agreements.
You may represent an individual, business, or entity, domiciled in any country, provided you meet applicable compliance requirements.
Have a valid and active e-mail address, street address and taxpayer identification number.
Agree to all of our terms and policies and those of our affiliates;
Provide Lumanu information we request.
4. Payment Services
Receiving Payments
Payments from Buyers are processed by Lumanu and deposited into your designated bank account.
If you receive payments to which you are not entitled you agree to return them.
5. Instant Pay
If you opt to use the Instant Pay feature:
Payment is processed immediately, and a discount fee is applied.
The fee and net amount will be displayed before processing.
Transactions are final and irreversible once processed.
6. Fees
Vendors may incur fees for optional Instant Pay services. Fees will be transparently displayed before transaction approval.
Fees are non-refundable once a payment is processed.
Lumanu reserves the right to delay or investigate any Instant Pay transaction deemed suspicious.
7. Prohibited Activities
You may not use Lumanu’s services for:
Illegal activities or violations of applicable laws.
Prohibited goods or services (e.g., gambling, controlled substances, pornography).
Fraudulent transactions or activities that undermine Lumanu’s services.
Violations of our policies
Lumanu reserves the right to suspend or terminate your account if prohibited activities are detected.
8. Taxes
You are responsible for all applicable taxes arising from payments received through Lumanu. Lumanu will issue necessary tax forms (e.g., 1099 forms) electronically.
9. Dispute Between You and Any Third Party Who Owes You Money
Any disputes related to deliverables or services provided to Buyers are solely between you and the Buyer. Lumanu does not mediate or resolve such disputes and has no liability for same.
10. Changes to Terms
Lumanu reserves the right to update these Terms and their policies at any time. Changes will be effective immediately upon posting to our website. Continued use of the services constitutes acceptance of the updated Terms and policies.
11. Limitation of Liability
Lumanu is not liable for:
Disputes or agreements between Vendors and Buyers.
Losses resulting from unauthorized account access due to your negligence.
Indirect, incidental, or consequential damages arising from your use of the services.
UMANU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND WAIVED BY YOU. IN NO EVENT SHALL LUMANU'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE LESSER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ACTUAL DAMAGES YOU HAVE SUFFERED WHICHEVER IS LESS. IN NO EVENT SHALL LUMANU BE LIABLE FOR LOST PROFITS. THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT LUMANU HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LUMANU BE LIABLE FOR THE DAMAGES, FEES OR EXPENSES ASSOCIATED WITH A THIRD PARTY’S ACTIONS OR FAILURE TO ACT.
12 Disclaimers of representations, warranties, and liabilities as well as indirect, incidental, and consequential damages
We provide no guarantees regarding the content posted by other users or third parties.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN“AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LUMANU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES EXCEPT WHERE SUCH HARM IS THE DIRECT RESULT OF LUMANU’S INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OR OTHERWISE RESULTS FROM A VIOLATION BY LUMANU OF THESE TERMS; (III)THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, IN ANY EVENT, EXCEPT WHERE THE APPLICABLE HARM WAS CAUSED BY LUMANU’S GROSS NEGLIGENCE OR INTENTIONAL WRONGDOING OR AS OTHERWISE STATED IN THESE TERMS.
13. Arbitration Agreement
Agreement to Arbitrate, Procedures and Venue
Any and all disputes or claims that arise out of or relate to these Terms or your use of Lumanu’s services will be resolved exclusively through binding arbitration in accordance with the American Arbitration Association’s rules governing commercial disputes and will be held before a single arbitrator in Almeda County, California. By agreeing to these Terms, you waive your right to a jury trial and to participate in class actions. Each party shall be responsible for its/his/her costs and the arbitrator may award the prevailing party the costs of arbitration and reasonable attorney’s fees. The arbitrator’s decision will be binding and enforceable in any court of competent jurisdiction. Exceptions
You may bring individual claims in small claims court if they qualify and proceed only on an individual basis.
14. Indemnification
You agree to indemnify, defend, and hold harmless Lumanu, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of:
Your breach of these Terms.
Your use of Lumanu’s services.
Any disputes between you and Buyers, including payment or deliverable-related issues.
Any disputes or liabilities of you to any other person or party which results in a claim against Lumanu.
Your failure to comply with our policies or those of our third-party service providers.
15. Governing Law and General Provisions
These Terms are governed by the laws of the State of California. Any disputes shall be resolved as outlined in the Arbitration Agreement. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to, or use of, the Services. Any action, proceeding, arbitration hearing or mediation relating to or arising from this Agreement must be brought, held, or otherwise occur in Alameda County, California. If any provision of these Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Your rights and duties are not assignable.
Contact Us
For questions or assistance, contact us at support@lumanu.com.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Last Updated January 7, 2025
