Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Lumirant LLC, a Florida limited liability company ("Lumirant," "we," "us," or "our"), governing your access to and use of our websites at lumirant.ai and studio.lumirant.ai, the Lumirant Studio platform, and any video production or related services provided by Lumirant (collectively, the "Services").
By engaging Lumirant for services, accessing our websites, or using the Lumirant Studio platform, you agree to these Terms. If you do not agree, do not use the Services.
If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. About Lumirant
Lumirant LLC is a Florida limited liability company (FL Document #L26000266336) producing custom branded video content for professional service practices, including but not limited to dental, medical, and legal practices. We deliver content via the Lumirant Studio platform on a one-time production engagement plus optional ongoing maintenance subscription.
3. Services Description
Lumirant provides the following Services:
- Video Production Services. Custom production of branded patient and client education video content for use by your business.
- Lumirant Studio Platform. Access to a content management and delivery platform that hosts and distributes the produced video content.
- Maintenance Subscription. Optional ongoing content updates, revisions, and platform maintenance under a recurring monthly subscription.
Specific deliverables, timelines, and any custom terms are documented in the engagement proposal, statement of work, or invoice that accompanies your purchase.
4. Account Registration
To access the Lumirant Studio platform, you must register an account. You agree to:
- Provide accurate, current, and complete information
- Keep your account credentials confidential
- Notify us immediately of any unauthorized access or use
- Be responsible for all activity that occurs under your account
You may not share your account credentials with any third party not authorized by you to act on your behalf.
5. Payment Terms
5.1 Production Fee
The Full AI Avatar Package is billed as a one-time production fee, due upon engagement. Payment is processed by Stripe, Inc., our payment processor. We accept ACH Direct Debit and major credit cards.
5.2 Maintenance Subscription
The Avatar Maintenance Retainer is billed monthly on a recurring basis. Billing commences thirty (30) days after the initial production fee is paid in full. You may cancel the maintenance subscription at any time with thirty (30) days' notice, effective at the end of the then-current billing period.
5.3 Late Payments and Failed Transactions
Failed ACH transactions or chargebacks may result in suspension of services until payment is resolved. We reserve the right to charge reasonable fees for failed payment processing and recovery.
5.4 Taxes
Fees do not include applicable taxes. You are responsible for any taxes that apply to your jurisdiction.
5.5 Refunds
Production fees are non-refundable once production has commenced. Maintenance subscription fees are non-refundable for any partial month of service. Refund inquiries are evaluated on a case-by-case basis.
6. Intellectual Property Rights
6.1 Lumirant Property
Lumirant retains all right, title, and interest in and to the Lumirant Studio platform, the Lumirant name and brand, the underlying avatars, templates, production technology, and any pre-existing materials used in producing client deliverables ("Lumirant IP").
6.2 Client Content
You retain all right, title, and interest in any content, materials, branding, or information you provide to Lumirant for use in production ("Client Content"). You grant Lumirant a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and incorporate Client Content into the produced deliverables solely for the purpose of fulfilling the Services.
6.3 Produced Deliverables
Upon full payment of all applicable production fees, Lumirant grants you a non-exclusive, perpetual, worldwide, royalty-free license to use the produced video deliverables for your business's patient and client education purposes, including display on your owned websites, in your facilities, and in your direct patient and client communications. This license does not include the right to resell, sublicense, redistribute commercially, or use the deliverables to train artificial intelligence models.
6.4 Lumirant Avatars
The avatar likenesses and underlying production technology remain the exclusive property of Lumirant. Your license to the produced deliverables does not grant any rights to the underlying avatar likeness outside the context of the delivered videos.
7. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law
- Provide Lumirant with content that infringes intellectual property rights, violates privacy rights, is defamatory, or is otherwise unlawful
- Interfere with or disrupt the Lumirant Studio platform or our infrastructure
- Attempt to gain unauthorized access to any part of the Services
- Reverse engineer, decompile, or attempt to derive the source code of the Lumirant Studio platform
- Use the produced deliverables to train artificial intelligence models or in any manner that would directly compete with Lumirant
- Use the Services in any manner that could damage, disable, overburden, or impair the Services
8. Service Modifications
Lumirant may modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. Material changes that materially affect your active subscription will be communicated in advance.
9. Term and Termination
9.1 Term
These Terms commence upon your acceptance and continue for as long as you use the Services.
9.2 Termination by You
You may terminate your engagement with Lumirant by canceling any active maintenance subscription as described in Section 5.2. Discontinuation of the maintenance subscription does not affect your perpetual license to the produced deliverables as outlined in Section 6.3.
9.3 Termination by Lumirant
We may suspend or terminate your access to the Services if you breach these Terms, fail to pay applicable fees, or engage in conduct that we determine, in our reasonable judgment, may cause harm to Lumirant, our customers, or third parties.
9.4 Effect of Termination
Upon termination, your right to access the Lumirant Studio platform ceases. Your perpetual license to the produced deliverables under Section 6.3 survives termination provided all production fees have been paid in full.
10. Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Lumirant does not warrant that the Services will be uninterrupted, error-free, or completely secure. Lumirant does not warrant that the produced deliverables will achieve any specific business outcome.
The video content produced by Lumirant is educational in nature and is not intended as professional medical, dental, legal, or other professional advice. You are responsible for ensuring that all content used in your practice is consistent with your professional standards and applicable regulations.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMIRANT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO LUMIRANT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL LUMIRANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, REGARDLESS OF THE THEORY OF LIABILITY.
12. Indemnification
You agree to indemnify, defend, and hold harmless Lumirant from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client Content you provide to Lumirant; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any third-party rights.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any disputes arising out of or related to these Terms shall be resolved in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.
14. Changes to These Terms
We may update these Terms from time to time. We will indicate the date the Terms were last updated at the top of this page. For material changes, we will provide reasonable notice (such as by email) before the changes take effect. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
15. Miscellaneous
- Entire Agreement. These Terms, together with any engagement proposal, statement of work, or invoice, constitute the entire agreement between you and Lumirant regarding the Services.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.
- No Waiver. Lumirant's failure to enforce any right or provision of these Terms does not constitute a waiver.
- Assignment. You may not assign your rights under these Terms without Lumirant's prior written consent. Lumirant may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force Majeure. Lumirant is not liable for any failure or delay resulting from causes beyond our reasonable control.
16. Contact Information
Questions about these Terms should be directed to:
Lumirant LLC
Email: hello@lumirant.ai
Address: 7355 Fairway Drive, Apt 140, Miami Lakes, FL 33014