TERMS OF SERVICE

OVERVIEW

Welcome to LumSory! The terms “we,” “us,” and “our” refer to LumSory. LumSory operates this online store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). LumSory uses Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide accurate representations of our products and services in our online store. However, please note that product colors or appearance may differ from those displayed on your screen depending on the device you use to access our store and your device settings.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to the images or presentations displayed in our online store.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. LumSory reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until LumSory confirms its acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as LumSory may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to returns or exchanges exclusively in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly indicated otherwise, displayed prices do not include taxes, shipping, handling fees, customs duties, or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties.

We may occasionally offer promotions through the Services that affect pricing and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the advertised prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control.

To the extent permitted by applicable law, responsibility for loss or damage during shipment will be determined in accordance with the applicable shipping terms and legal requirements.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by LumSory, its affiliates, or licensors and are protected by patent, copyright, and other intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property right belonging to LumSory, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by LumSory.

The names, logos, product and service names, designs, and slogans of LumSory are trademarks of LumSory, its affiliates, or licensors. You may not use these trademarks without the prior written permission of LumSory.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party customer tools as part of the Services over which we have no control, monitoring, or influence.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without any endorsement. We are not liable for any damages or losses arising from your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party providers.

We may also introduce new features through the Services in the future, including new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any damages or losses related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

LumSory uses the Shopify platform, which enables us to provide the Services to you. However, all sales and purchases made through our store are conducted directly with LumSory.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales transaction between you and LumSory, including any injuries, damages, or losses resulting from products or services purchased.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with LumSory, to the extent permitted by applicable law.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services.

Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your own, so that we can provide the Services to you.

Please refer to our Privacy Policy for more information about how LumSory, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

By submitting, uploading, posting, emailing, or otherwise transmitting ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.

We have no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove comments that we determine, at our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any third party's intellectual property rights or these Terms of Service.

You agree that your comments will not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights.

You further agree that your comments will not contain libelous, illegal, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for comments posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:

(a) For any unlawful or malicious purpose;

(b) To violate any local, state, provincial, federal, or international regulation, rule, law, or ordinance;

(c) To infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person;

(e) To submit false or misleading information;

(f) To knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;

(g) To transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation;

(h) To impersonate or attempt to impersonate another person or entity; or

(i) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm LumSory, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

(a) Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(b) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;

(c) Collect or track the personal information of others;

(d) Engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or

(e) Interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms, subject to applicable law.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion and at any time, subject to applicable law.

You will remain responsible for all amounts due up to and including the date of termination.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on this information is strictly at your own risk.

We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.

Except as expressly stated by LumSory, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow the exclusion of implied or other warranties. Therefore, the above exclusion may not apply to you.

Nothing in these Terms excludes or limits any warranty or consumer right that cannot lawfully be excluded or limited under applicable law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall LumSory, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Services or products purchased through the Services, or from any other claim related in any way to your use of the Services or any product.

This limitation also includes errors or omissions in any content, or any loss or damage incurred as a result of the use of the Services or any content or product posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in this section limits liability that cannot lawfully be limited under applicable law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LumSory, Shopify, and our affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party arising out of or relating to:

(1) Your breach of these Terms of Service or the documents incorporated by reference;

(2) Your violation of any law or the rights of a third party; or

(3) Your access to and use of the Services.

We will notify you of any claim subject to indemnification. Failure to provide prompt notice will not relieve you of your obligations unless you suffer material prejudice as a result.

We may control the defense and settlement of such a claim at your expense, including the selection of counsel. However, we will not settle any claim that imposes non-monetary obligations on you without your consent, which will not be unreasonably withheld.

You agree to cooperate in the defense of any indemnifiable claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service.

Such a determination will not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notification, subject to applicable law.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law principles.

Nothing in this section limits any mandatory consumer protection rights that may apply under the laws governing your transaction.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

LumSory

Email: lumsory@gmail.com