Welcome to Iluma! Please read on to learn the rules and restrictions that govern your use of the Iluma website (the “Site”), and all of the services available via the Site or the App (collectively, the “Services”). The Services are owned and operated by Iluma, Inc. (“Iluma”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com
The Services are only available to you if you are at least 18 years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. If you aren’t at least 18 years old, please do not attempt to register for or use the Services. We may refuse to offer the Services to any person or entity and may change our eligibility criteria at any time.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES, DOWNLOADING ANY MATERIALS OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT (THESE “TERMS”).
The Services enable individuals or companies (“Customers”) to use Iluma’s technology platform to use Conversational AI bots that leverage Artificial Intelligence to answer questions and carry out conversations with users of the Customer’s (¨Users¨) Discord server.
Certain Services may be subject to additional terms and conditions. For example, Iluma may provide Customers with guidelines or FAQs from time to time. A breach of any of these kinds of additional terms or conditions constitute a breach of these Terms, which may result in the termination of your account. To the extent such additional terms or conditions conflict with these Terms, such terms and conditions shall control.
We are constantly trying to improve our Services, so these Terms may need to change from time to time to keep up. We reserve the right to modify or replace any provision of these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the getiluma.ai website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to these Terms is effective, that means you agree to all of the changes.
Registration and Your User Record
As a condition to using the Services, you may be required to register with Iluma and select a password and a user ID (“User ID”). Your User ID and password, together with any other contact information you provide become your “User Record.” Your User ID can be changed by contacting Iluma at firstname.lastname@example.org. You shall provide Iluma with accurate, complete, and updated information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You must ensure that your account with Iluma contains (at all times) a valid email address. In addition, you may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You will immediately notify Iluma of any unauthorized use of your account, or other account-related security breach of which you are aware, by sending an email to email@example.com.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Content.” Some User Content may be viewable by all Users, and some may only be viewable by certain specified Users. In order to display your User Content on the Services, you hereby grant Iluma a license to translate, modify (for technical purposes), reproduce, display, perform, distribute and otherwise act with respect to such User Content, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Content is not affected.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. If you delete your account we will stop displaying your User Content, and you may also delete or remove your User Content at any time, but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Content may remain viewable elsewhere to the extent that it was copied or stored by other Users.
You understand and agree that Iluma, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Content to conform and adapt that User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Finally, you represent and warrant that you have the full authority, right, and license necessary to grant us the foregoing licenses.
Transfer of Data
You may be able to use the Services to send data or information to Iluma, which may include information provided by or relating to web visitors or contacts of the Customer to be leveraged by the Voice Assistants (“Customer Contacts”) (collectively, “User Data”). You must not transfer to Iluma, and must not (nor allow any third party to) modify, configure or use any aspect of the Services to track, collect, or to cause to be collected by or transferred to Iluma, any User Data that is financial information, health information, medical information, pharmaceutical information, information regarding children under 13 years of age, or other sensitive information (for example, Social Security Numbers). Without limiting the foregoing, the Customer may provide information about the Customer’s Company to Iluma for the sole purpose of further training the Discord bot to better communicate with Customer Discord members, provided that Customer shall be solely responsible for ensuring that Customer’s provision of any such information to Iluma through the Services or otherwise complies with all applicable laws, rules, regulations, industry self-regulatory regimes and third-party contracts, terms and policies, and for obtaining all consents, authorizations and clearances from any third parties that may be required in connection therewith.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Iluma. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including scripts, text, communications, images, sounds, data or other information) on or through the Services, that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates these Terms;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
imposes an unreasonable or disproportionately large load on Iluma’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Iluma or any third party; or
harvests or collects any information from the Services; or
impersonates any person or entity, including any employee or representative of Iluma.
Iluma may, at its sole discretion, immediately terminate your access to the Services should your conduct fail to conform strictly with any provision of this section.
Payment by Customers
Customer shall pay Iluma all fees set forth on each invoice for the applicable services rendered ordered by Customer (“Fees”) in accordance with the payment terms set forth on the Site. All Fees paid to Iluma hereunder are nonrefundable. Any amounts payable hereunder are exclusive of all sales taxes, value added taxes, duties, use taxes, withholdings and other governmental assessments. Customer shall pay all such taxes and governmental assessments associated with the Services (excluding taxes based on Iluma’s net income), unless Customer provides to Iluma a valid tax-exempt certificate.
For more information regarding payment processes and procedures, please contact firstname.lastname@example.org
The Services may provide the ability for Customers to leave feedback about the Bots or the Services (whether positive, neutral or negative) and for other Customers to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore:
As a Customer, you agree to only provide truthful and appropriate feedback. You also agree to not accept any payment or other consideration in exchange for influencing your feedback (such as, accepting payment in exchange for providing positive feedback with respect to any Iluma representative or employee).
Links on the Site
Iluma has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Iluma will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Email Confirmations and Alerts
Iluma may from time to time provide automatic email confirmations and account-related alerts to the email address you have provided as your primary email address. Confirmation emails and alerts are active by default as part of the Service. Iluma may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion.
If your email address changes, you are responsible for informing us of that change. Because such electronic communications are usually not encrypted, we will never include your password or any other personally identifying information or request that you reply to such communications to provide any personally identifying information.
You understand and agree that any confirmations and alerts provided to you through the Services may be delayed or prevented by a variety of factors. Iluma does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any confirmation or alert. You also agree that Iluma shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation or alert; for any errors in the content of a confirmation or alert; or for any actions taken or not taken by you or any third party in reliance on a confirmation or alert.
Disclaimer of Warranties
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. FOR CLARITY, THIS MEANS THAT ILUMA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY AGENT SERVICES THAT YOU MAY OBTAIN THROUGH USE OF THE SERVICES. ILUMA DOES NOT GUARANTEE THE TIMELINESS OR QUALITY OF ANY WORK PROVIDED TO ANY CUSTOMER(S) BY ANY AGENT(S). IF YOU ARE A CUSTOMER, YOU ENGAGE AGENTS SOLELY YOUR OWN RISK. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitations on Liability
IN NO EVENT SHALL ILUMA, NOR ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES FOR ANY: (I) LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR THE PROCUREMENT OF SUBSTITUTE SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless Iluma and its officers, directors, shareholders, and employees, from and against all claims, liabilities, damages, losses, costs and expenses, including but not limited to reasonable attorneys’ fees, in whole or in part arising out of or attributable to any breach of these Terms (or any law or regulation) by you. Iluma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Iluma in asserting any available defenses.
Iluma may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disputes with Other Users
You agree that Iluma is not responsible for any complaints you may have with other Users. If you have a dispute with one or more Users, you release Iluma (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” To the extent Iluma assists in the resolution of any dispute between any Users, such assistance is only a courtesy and, therefore, you acknowledge that Iluma shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
Agreement to Arbitrate.
You and Iluma agree that any legal disputes or claims arising out of or related to these Terms (including but not limited to the interpretation, enforceability, revocability, or validity of these Terms, or the arbitrability of any dispute) shall be submitted to final and binding arbitration in the state of California. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed to in writing by you and Iluma. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Iluma agree that any claim, action or proceeding arising out of or related to these Terms must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ILUMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Iluma agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Iluma, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Iluma, and you do not have any authority of any kind to bind Iluma in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Iluma agree there are no third party beneficiaries intended under these Terms.
You may contact Iluma at the following address:
190 Chaparral Road
Carmel Valley, CA
Digital Millennium Copyright Act Notice
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Iluma, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, visit https://www.copyright.gov/legislation/dmca.pdf.