Last Revised: June 23, 2025
This Master Subscription Agreement (“Agreement”) is entered into between LumiTalk (“LumiTalk,” “we,” “us,” or “our”) and you (the “Customer”)—either as an individual or an entity on whose behalf the Services are used. This Agreement governs the use of LumiTalk’s voice assistant platform and related software, APIs, and services (collectively, the “Services”).
By subscribing to or using the Services, Customer agrees to be bound by the terms of this Agreement, including any additional policies referenced herein such as the Data Processing Addendum and Privacy Policy. If you are accepting this Agreement on behalf of a company or organization, you represent that you are authorized to do so. If you do not agree to these terms, do not use the Services.
1. Scope of Services
LumiTalk provides subscription-based access to its AI-powered voice assistant tools, including phone-based automation, Shopify integrations, and custom voice experiences powered by ElevenLabs, OpenAI, and other services. The scope and pricing of Services are described in your selected Subscription Plan. The Agreement includes any supplemental terms applicable to specific features or modules.
2. Customer Responsibilities
Customer agrees to provide accurate account information, maintain security of access credentials, and comply with all applicable laws in using the Services. Customer is responsible for all data input into the system and for ensuring proper use by its agents, users, and clients.
3. Data Rights and Usage
Customer retains ownership of all data it inputs or uploads, including call recordings and transcripts (“Customer Data”). LumiTalk may use such data to provide, improve, and support its Services, including through aggregated and anonymized usage metrics and machine learning model training. LumiTalk will not use Customer Data to train third-party models.
4. Payment and Billing
Subscription fees are billed in accordance with the selected plan. Fees are non-refundable except as explicitly stated. Customer authorizes recurring billing and is responsible for updating payment methods. Late payments may incur interest and service suspension.
5. Term, Renewal, and Termination
Subscriptions automatically renew unless cancelled in accordance with your plan terms. Either party may terminate this Agreement for cause with written notice if the other party breaches any material obligation and fails to cure such breach within 30 days. Upon termination, access to the Services will cease, but certain rights (e.g., payment obligations, intellectual property, confidentiality) will survive.
6. Confidentiality
Each party agrees to protect the other’s confidential information using reasonable care and not to disclose or use it outside the scope of this Agreement. This section survives termination of the Agreement.
7. Intellectual Property
LumiTalk retains all rights to its software, infrastructure, AI models, and branding. Customer may not reproduce, reverse engineer, sublicense, or exploit any portion of the Services except as explicitly authorized.
8. Warranties and Disclaimers
LumiTalk provides the Services “as is” and disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service.
9. Limitation of Liability
To the maximum extent permitted by law, LumiTalk’s total liability under this Agreement will not exceed the total fees paid by Customer during the preceding 12 months. LumiTalk is not liable for indirect, incidental, or consequential damages.
10. Indemnification
Customer agrees to defend and indemnify LumiTalk against claims arising from misuse of the Services, violation of law, or infringement of third-party rights caused by Customer Data or usage.
11. Arbitration and Governing Law
This Agreement is governed by the laws of the State of California. Any disputes will be resolved through binding arbitration in Orange County, California, under the rules of the American Arbitration Association. Class actions are not permitted.
12. General Terms
This Agreement, including incorporated policies, constitutes the full agreement between the parties. It may be amended by LumiTalk upon notice. No waiver is valid unless in writing. If any provision is found unenforceable, the remainder will continue in effect.
13. Contact
For any legal or support inquiries, contact:
LumiTalk Legal
Email: legal@lumitalk.ai
Phone: +1 (714) 360-8361