Lumi Terms of Service

Welcome to Lumi. These Terms of Service ("Terms") are an agreement between you and BeringTech Inc., a Delaware corporation based in San Francisco, California ("BeringTech", "we", "us", "our"). They cover the Lumi iOS app, the websites at mylumi.link (including personal sites and AI pages), and our related services (together, "Lumi").

By creating an account or using Lumi, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use Lumi.

Please read section 14 carefully. It requires most disputes to be resolved by individual arbitration rather than in court or as a class action, and explains how to opt out.

1. What Lumi is

Lumi is an app where you raise an AI that learns about you from what you tell it. You can chat with your own AI, chat with friends, let friends talk with your AI, let your AI reply for you while you're away, meet new people through Discovery, publish a personal site and an AI page, and give other AI services limited access to your information with Crab keys.

2. Who can use Lumi

• You must be at least 13 years old, and at least 16 in the European Economic Area and the United Kingdom (or the lower age of digital consent where you live).
• If you're under the age of majority where you live, your parent or legal guardian must review and agree to these Terms for you.
• You can't use Lumi if we've previously banned you, or if the law prohibits you from using it.

3. Your account

• You sign in with a phone number or email address and a one-time code. Keep access to them — they're how you get back into your account.
• One person per account. Use your real identity; don't impersonate anyone or pretend to be affiliated with someone you're not.
• You're responsible for what happens in your account. Tell us right away at founder@beringtech.com if you think someone else has accessed it.
• Your username is how people find you, and it forms your addresses on myLumi.link. We may reclaim a username that impersonates someone, infringes a trademark, or is misleading.

4. Your AI

• It learns from you. Your AI uses what you tell it and what you save in your knowledge base. It suggests new things to remember; you decide what's saved.
• You decide what it shares. Each piece of information is Private, Friends or Everyone. Your AI uses only what the person it's talking to is allowed to see. You're responsible for the sharing choices you make.
• Replying for you. If you turn on "reply for me", your AI may answer friends (and people you've met through Discovery who have replied to you) while you're away, in a style based on yours. People always see that a reply came from your AI. Your AI won't agree to plans, money or commitments on your behalf, but you're responsible for what it says in your chats, and you can correct it at any time.
• Discovery. Unless you turn it off, your AI may suggest people you might get along with and say a first hello to them on your behalf, using only what you share with Everyone. Other people's AIs may say hello to you the same way. Their AI won't reply to you again until they've answered you themselves.
• AI page and Crab keys. If you open your AI page to everyone, anyone with the link can chat with your AI about what you share with Everyone. If you give someone a Crab key, they can read what that key covers until it expires or you revoke it.
• AI makes mistakes. AI output can be inaccurate, incomplete or inappropriate, and it isn't professional advice. Don't rely on Lumi for medical, legal, financial, safety or emergency decisions. In an emergency, contact your local emergency services.
• Energy. Your AI's activity uses "energy", which resets weekly. When it runs out, your AI rests until the reset. We may change how much energy is included.

5. Your content

• You own it. Your messages, photos, voice messages, files, knowledge base, site and everything else you put in Lumi ("Your Content") belong to you.
• What you let us do with it. You give BeringTech a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content only as needed to operate, secure and provide Lumi to you and to the people you share with — for example, delivering your messages, syncing your devices, generating your AI's replies, and showing your public site. This license ends when you delete Your Content or your account, except for copies in backups (which expire within 30 days) and content you shared with others that they've kept.
• Improving Lumi's AI. This license also lets us use Your Content to develop, train and improve the AI models that power Lumi, as described in our Privacy Policy, with identifying details removed where we reasonably can. End-to-end encrypted content is never used. You can opt out by emailing founder@beringtech.com.
• Public content. What you publish on myLumi.link, and what you share with Everyone, can be seen by anyone, including people who don't use Lumi.
• You're responsible for Your Content and confirm you have the rights to share it.

6. Rules for using Lumi

Don't use Lumi to:

• break the law, or help anyone else break it;
• harass, bully, threaten, stalk, intimidate or dox anyone, or send unwanted contact to someone who has blocked or declined you;
• post hate speech, or content that promotes violence, self-harm or terrorism;
• post sexual content involving minors (we report it to the authorities), or share anyone's intimate images without consent;
• impersonate anyone, or mislead people about who is speaking — including making people think your AI's messages were written by you in person, or the reverse;
• share other people's private information without their permission;
• infringe anyone's intellectual property or other rights;
• spam, scam, phish, or run unsolicited advertising;
• use your AI or Discovery to mass-message people or to collect information about them;
• try to make an AI reveal information its owner hasn't shared with you, or to get around its rules ("jailbreaking" or prompt injection);
• access Lumi through automated means (bots, scrapers) other than Crab keys used as intended, or overload or interfere with our systems;
• probe, scan or test our security, or get around limits, blocks or bans;
• reverse engineer Lumi, except where the law allows it;
• build a competing product using Lumi or its outputs.

7. Safety, reports and enforcement

• You can block or report anyone. Blocking hides you from each other and ends your friendship.
• We review reports and may remove content, limit features, or suspend or terminate accounts that break these Terms or put others at risk, with or without notice. Where it's reasonable, we'll tell you what happened and why.
• If you think we made a mistake, email founder@beringtech.com.

8. End-to-end encrypted data

Finance, health, Private Info, Private Identity and Crab keys are end-to-end encrypted, and only you hold the key (in your iCloud Keychain and as your recovery code). We can't read this data, reset your key, or recover it for you. If you lose all your Apple devices and your recovery code, this data is permanently lost. Keep your recovery code somewhere safe.

9. Paid features

Lumi has free features and may offer paid ones, such as extra AI energy or subscriptions. You can buy them in two ways:

• In the app, through Apple. Purchases are billed by Apple to your Apple ID, and Apple's terms govern billing, renewals and refunds. Subscriptions renew automatically until you cancel them in your Apple ID settings at least 24 hours before the end of the current period. Refund requests go to Apple.
• On our website, directly from BeringTech. Payments are processed by our payment processor. Prices, taxes and what's included are shown before you pay. Subscriptions renew automatically at the then-current price until you cancel; you can cancel anytime from your account on our website or by emailing founder@beringtech.com, and cancellation takes effect at the end of the current billing period. Except where the law requires otherwise, payments are non-refundable, but if something went wrong, email us and we'll make it right where we reasonably can.

General rules for both:

• What you buy is tied to your Lumi account, wherever you bought it. Energy you buy is used up as your AI works and has no cash value; unused energy can't be exchanged, transferred or refunded, except where the law requires.
• We may change prices or what a paid feature includes. For subscriptions, we'll tell you in advance, and changes apply from your next billing period.
• If a payment fails or is reversed, we may pause the paid feature until it's resolved.
• You're responsible for any taxes that apply, except taxes we're required to collect.

10. Our intellectual property

Lumi — its software, design, logos and the name "Lumi" — belongs to BeringTech and its licensors. We give you a personal, non-exclusive, non-transferable, revocable license to use the Lumi app on Apple devices you own or control, under these Terms and Apple's Usage Rules. If you send us feedback or ideas, we may use them without owing you anything.

11. Copyright complaints

If you believe something on Lumi infringes your copyright, email founder@beringtech.com with: your contact details; a description of the work; where the material is on Lumi (for example, a myLumi.link address); a statement that you believe in good faith the use isn't authorized; a statement, under penalty of perjury, that your notice is accurate and that you're the owner or authorized to act for the owner; and your physical or electronic signature. We respond to valid notices under the Digital Millennium Copyright Act and terminate repeat infringers' accounts where appropriate.

12. Disclaimers

LUMI, INCLUDING ALL AI OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, BERINGTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T PROMISE THAT LUMI WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT AI OUTPUT WILL BE ACCURATE OR APPROPRIATE, OR THAT YOUR CONTENT WILL NEVER BE LOST. WE AREN'T RESPONSIBLE FOR WHAT OTHER USERS, THEIR AIs, OR THIRD-PARTY SERVICES SAY OR DO, OR FOR WHO YOU MEET THROUGH LUMI — PLEASE BE CAREFUL WHEN MEETING ANYONE IN PERSON.

13. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, BERINGTECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OPPORTUNITY, ARISING FROM OR RELATED TO LUMI OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO LUMI OR THESE TERMS IS LIMITED TO THE GREATER OF US$100 OR THE AMOUNT YOU PAID US FOR LUMI IN THE 12 MONTHS BEFORE THE CLAIM. Some places don't allow some of these limits, so they may not all apply to you; nothing in these Terms limits liability that can't be limited by law.

Indemnity. If you use Lumi in a way that breaks these Terms or the law and someone brings a claim against us because of it, you agree to cover our reasonable costs of that claim, including legal fees, to the extent the law allows.

14. Disputes and arbitration

Talk to us first. Most problems can be solved informally. Before filing a claim, email founder@beringtech.com with a description of the issue and what you'd like us to do. We'll both try in good faith to resolve it within 60 days.

Arbitration. If we can't resolve it, you and BeringTech agree to resolve any dispute arising from or relating to Lumi or these Terms by final, binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules, except as stated below. The arbitration may be held by video, by phone, in writing, or in San Francisco County, California. The arbitrator may award the same individual relief a court could. For claims under US$10,000, we'll pay your filing fees beyond what you'd pay to file in court.

Exceptions. Either of us may bring an individual claim in small claims court, and either of us may go to court to stop infringement or misuse of intellectual property.

No class actions. You and BeringTech may bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding.

Opt out. You can opt out of this arbitration agreement by emailing founder@beringtech.com within 30 days of first accepting these Terms, with your name, username and a statement that you opt out of arbitration. Opting out doesn't affect anything else in these Terms.

If this section is found not to apply to a dispute, or you opted out, the dispute will be decided only by the state or federal courts in San Francisco County, California, and you and BeringTech consent to their jurisdiction.

15. Governing law

These Terms are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules. If you live in the EEA, the UK or another place whose laws give you protections that can't be waived by contract, you keep them, and you may bring claims in your local courts.

16. Ending these Terms

You can stop using Lumi and delete your account at any time in Settings → Data & Privacy. We may suspend or end your access as described in section 7, or stop offering Lumi; if we stop offering Lumi, we'll give you reasonable notice so you can export your data. Sections 5 (for content already shared), 8, and 10 through 17 survive the end of these Terms.

17. Apple App Store terms

If you downloaded Lumi from Apple's App Store:

• These Terms are between you and BeringTech, not Apple. BeringTech, not Apple, is solely responsible for Lumi and its content.
• Apple has no obligation to provide maintenance or support for Lumi.
• If Lumi fails to meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent the law allows, Apple has no other warranty obligation for Lumi.
• BeringTech, not Apple, is responsible for any claims relating to Lumi, including product liability claims, claims that Lumi fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that Lumi infringes someone's intellectual property.
• You confirm you aren't located in a country subject to a US government embargo or designated as "terrorist supporting", and you aren't on any US government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use Lumi (for example, your wireless carrier's).
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. General

• Changes. We may update these Terms. If a change is material, we'll tell you in the app at least 14 days before it takes effect (unless it's needed sooner for legal or safety reasons). If you keep using Lumi after that, you accept the new Terms.
• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and BeringTech about Lumi.
• Severability. If any part of these Terms can't be enforced, the rest stays in effect.
• No waiver. If we don't enforce a part of these Terms, we haven't given up the right to enforce it later.
• Assignment. You can't transfer these Terms to anyone else. We may transfer them as part of a merger, acquisition or sale of assets.
• Notices. We'll contact you in the app or at the email or phone number on your account. You can reach us at founder@beringtech.com.

19. Contact

BeringTech Inc.
San Francisco, California, USA
Email: founder@beringtech.com