Welcome to Lumenate!

Lumenate is a tech-assisted psychedelic mediation app which allows you to fall effortlessly into a relaxing journey of self-discovery, guided by sound and stroboscopic light (our “Services”). We’re on a mission to make impactful subconscious exploration experiences more accessible than ever before. Your use of the Lumenate application (the “App”) and our Services is governed by these Terms of Use (“Terms”). Please read these Terms carefully before creating an account with us or using the App or Services.

  1. THESE TERMS

    1. These Terms govern our relationship with you including the Services and your use of our App. References to “you” or “your” means the user of the App.

    2. These Terms set out:

  1. your legal rights and responsibilities;

  2. our legal rights and responsibilities; and

  3. certain key information that we’re required to provide by law.

    1. When you download the App onto your device, you will be asked to create an account in order to access the App and use our Services. Before you create an account, you will be asked whether you accept these Terms. By creating an account, you are agreeing to be legally bound by these Terms.

  2. WHO WE ARE

    1. “We”, “us” or “our” means Lumenate Growth Limited. We are a company registered in England and Wales with company number 12254320. Our registered address is at: 20-22 Wenlock Road, London, England, N1 7GU. More information about us and our business is available on our website: https://lumenategrowth.com/.

    2. If you don’t understand any information contained within these Terms and want to talk to us about it, please contact us by email: support@lumenategrowth.com.

  3. ACCESSING OUR SERVICES

Downloading the App

    1. The App is available to download on both Apple and Android devices. If you downloaded the App onto an Apple device, your download will be bound by the Apple Store Terms of Service, which you should read carefully before proceeding. If you downloaded the App from another app provider (such as the Android Play Store), your download will be bound by that third party’s terms of service, which you should read carefully before proceeding.

    2. Your use of the App and our Services is governed by these Terms.

Creating an Account

    1. When you download the App onto your device, you will be asked to create an account in order to access our Services. Creating an account is free and you will be asked to submit certain personal information (including your name and email address) in order for us to setup your account. You cannot register for more than one account.

    2. By creating an account, you agree that you are responsible for:

  1. maintaining the confidentiality of your account and password information and for restricting unauthorised use or access to your device;

  2. the accuracy and content of the information you provide, including ensuring that such information is kept up to date.

Eligibility to use the Services

    1. You are only permitted to create an account, access the App and use our Services if you:

  1. are over 18 years old;

  2. you have read and understood the Epilepsy Risk Information which will be presented to you as part of the account creation process;

  3. you do not suffer from any of the medical conditions set out in section 4 below (the information in that section will also be presented to you as part of the account creation process).

  1. MEDICAL WAIVER

    1. You must not use our Services if you or a member of your direct family suffer from photosensitive or juvenile myoclonic epilepsy.

    2. You acknowledge that the Services may trigger:

  1. migraines or other photosensitive conditions; or

  2. motion sickness.

    1. You further acknowledge that if you:

  1. are pregnant;

  2. have suffered a stroke;

  3. take recreational drugs (such as cocaine);

  4. take antidepressants; or

  5. are on antibiotics,

you are at an increased risk by using the Services and we advise you to consult a medical professional before using the Services.

    1. Further information about use of the App with these medical conditions is available on the Medical Risk Info page of the setting section of the App and is accessible to users at any time.

    2. You are responsible for your use of our Services, especially if you suffer from any medical conditions, and you use our Services at your own risk.

  2. DISCLAIMERS

    1. We are a technology company that provides mobile mediation services that are guided by sound and stroboscopic light to promote mindfulness and well-being. The Services do not fall within the criteria of a medical device pursuant to Section 201(h) of the United States Federal Food, Drug and Cosmetic Act because it are not intended in any way to diagnose, treat or cure conditions or diseases. We are not healthcare professionals or a provider of medical or healthcare services. Seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. If you are having a medical emergency, call your local emergency number immediately, (being 911 in the United States or 999 in the United Kingdom).

    2. You acknowledge and agree that our Services are not intended or designed to be medical advice or treatment and you should never consider them as such. You should not rely or use our Services as part of any sort of diagnosis of a medical condition, or to prevent or seek to treat any sort of medical condition, unless instructed to do so by a qualified medical professional.

    3. Any information which we provide alongside the Services, is given for general information only and should not be relied upon or considered as substitute for medical advice from a qualified professional.

    4. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

    5. The App and our Services are provided on an “as is” basis, without warranty of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, DEPENDING ON YOUR COUNTRY OF RESIDENCE.

    6. We make no warranty that the Services or App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of our Services or any information which we may provide in connection with our Services or the App.

  3. LICENCE TO USE THE APP

    1. Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to install a copy of the App on a mobile device within your control and to use the App and the Services solely for your own personal non-commercial purposes.

    2. You are not permitted to copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted by these Terms, you may not:

  1. copy, modify or create derivative works based on the App;

  2. distribute, transfer, sublicense, lease, lend or rent the App to any third party;

  3. reverse engineer, decompile or disassemble the App; or

  4. make the functionality of the App available to other users through any means.

    1. Other than the right to access and use the App and the Services set out in this section, you will not acquire any title, right, or interest to or in the App or Services, all of which are retained by us or the persons who have licensed any parts of it to us. We reserve all rights in and to the App and the Services not expressly granted to you under these Terms.

  2. INFORMATION YOU PROVIDE TO US

    1. Your Personal Information: All personal information collected and processed by us is done so in accordance with our Privacy Notice https://lumenategrowth.com/app-privacy-policy/. Our Privacy Notice explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

    2. Feedback: We welcome your feedback on our Services or the App, such as comments or suggestions on areas where we can improve. You can submit feedback to us at: support@lumenategrowth.com. By submitting feedback you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable licence in respect of all intellectual property rights attaching to such feedback which permits us to use, copy, edit, change, create derivative works, and otherwise exploit the feedback for any purpose.

  3. YOUR RESPONSIBILITIES

    1. By creating an account and using our Services you warrant that:

  1. you are legally capable of entering into a legally binding contract with us;

  2. all information you submit is true and accurate;

  3. you will maintain the accuracy and security of your user login and password;

  4. you are eligible to use our Services in accordance with section 3.5; and

  5. your use of our services does not in any way violate any law or regulation.

  1. SUBSCRIPTIONS

Basic Subscription

    1. When you register with us and create an account, you may access our App free of charge. Providing you comply with these Terms, you will be given access to the App and will not be required to pay anything to us. You will be able to access our basis Services only. This is called the “Basic Subscription”.

    2. You acknowledge and agree that:

  1. the Basic Subscription only provides you with limited access to a certain basic features on the App (“Basic Services”) and that users of the Paid Subscription will have access to a greater variety of features, functionality and Services; and

  2. we may change the functionality or features of the Basic Services at any time without notice to you;

  3. we may terminate your access to the App or the Basic Services at any time by providing you with one months’ notice.

Paid Subscription

    1. We also offer certain enhanced Services including additional features and functionality (“Premium Services”) which are available to purchase as a monthly or yearly subscription (“Paid Subscription”).

    2. You can choose to purchase a Paid Subscription at any time within the App itself and you can choose whether you’d like to pay monthly or yearly. Our subscription fee options are available on the ’Unlock All Content’ Page which is available in the settings section through the navigation bar within the App. You acknowledge that if you choose to purchase a yearly Paid Subscription you will receive a discount on the overall fees payable for the Premium Services.

    3. Monthly Paid Subscription: The fees for our monthly Paid Subscription are billed monthly in advance. A recurring monthly payment will be taken as near as possible to the same date every month, starting with the date on which you purchase the monthly Paid Subscription. For each month that your monthly Paid Subscription is active, you authorise us to charge the monthly fees to your nominated account linked to your Apple AppStore or Android App account (as applicable). Your monthly Paid Subscription will continue, and you will be charged the monthly fee, until you cancel your Paid Subscription in accordance with section 10 below.

    4. Yearly Paid Subscription: The fees for our yearly Paid Subscription is billed as an upfront payment in advance. The initial payment will be taken on the date on which you purchase the yearly Paid Subscription and a recurring annual payment will be taken as near as possible to the anniversary date each year. For each year that your Paid Subscription is active, you authorise us to charge the fees to your nominated account linked to your Apple AppStore or Android App account (as applicable). Your yearly Paid Subscription will continue, and you will be charged the annual fee, until you cancel your Paid Subscription in accordance with section 10 below.

Payment

    1. We do not collect or store any of your payment information. Payment of your Paid Subscription fees (whether monthly or yearly) is managed through your third party App provider and will be subject to their terms and conditions.

    2. If you purchase a subscription through the Apple iTunes Store or our iPhone App, the sale is final, and we will not be able to provide a refund. Your purchase will be subject to Apple’s applicable payment policy.

    3. If you purchase a subscription through the Android App store, the sale is final and we will not be able to provide a refund. Your purchase will be subject to the applicable third party’s payment policy (e.g. Google or Amazon).

  2. CANCELLATION & AUTOMATIC RENEWAL

Your Cancellation Rights

    1. Cooling-off Period

      1. For UK based customers, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 gives you a 14-day right to change your mind (i.e. cancel your Paid Subscription) and get a full refund in respect of those services which you have paid for but not yet received. This is known as the “cooling off period”.

      2. Please note that you do not have a right to receive a full refund if you have started to receive the Premium Services within the 14-day cooling off period, provided you have been told and acknowledged this. By agreeing to these Terms you have done both. Once you have signed up to a Paid Subscription you will automatically be given unlimited access to the Premium Services and you cannot rely on your right to cancel and receive a refund.

    1. Cancellation

      1. You can cancel your Paid Subscription at any time by accessing “Subscription Information” in the settings section. If you cancel your Paid Subscription you will no longer have access to the Premium Services from: 1) if you are using the Monthly Paid Subscription, the end of the month in which you cancel; or 2) if you are using the yearly Paid Subscription, from the anniversary of your yearly Paid Subscription at the end of the year in which you cancel.

      2. You must cancel your Paid Subscription before it renews in accordance with these Terms in order to avoid being charged the subscription fee for the next payment period (whether monthly or yearly, as applicable).

      3. You are not entitled to a pro-rated refund for any partial-month subscription period. If you choose to cancel part way through the month, you will continue to have access to the Premium Services until expiry of that subscription period, unless you decide to delete the App.

      4. You acknowledge that by paying a yearly subscription fee, you will receive a significant discount on the fees payable for the Premium Services. You therefore acknowledge that you are not entitled to a pro-rated refund if you choose to cancel your yearly Paid Subscription part way through the subscription year. If you choose to cancel part way through the year, you will continue to have access to the Premium Services until expiry of that subscription period, unless you decide to delete the App.

    1. Automatic Renewal: You acknowledge and agree that your Paid Subscription will automatically renew for the same duration as the subscription period (being monthly or yearly, as applicable) unless and until you cancel your Paid Subscription.

Our Cancellation Rights

    1. If you are a Basic Subscription user, we may terminate your subscription, close your account and/or prevent your access to and use of the Services or App at any time without any liability to you.

    2. If you are a Paid Subscription user, we may terminate your subscription, close your account and/or prevent your access to and use of the Services or App with immediate effect by giving written notice to you if:

  1. you commit a material breach of these Term and, if such breach is remediable, you fail to remedy that breach within thirty (30) days after being notified in writing to do so;

  2. you are in breach of any applicable law;

  3. any fees due under these Terms are outstanding for thirty (30) days from the due date;

  4. in our reasonable opinion, the security or integrity of the App or Services has been, or may be, compromised or is otherwise at risk;

  5. we are required to do so by a regulatory authority; or

  6. there has been, or we reasonably suspect that you have mis-used the App or our Services.

  1. OUR RESPONSIBILITIES

For UK based customers, the Consumer Rights Act 2015 requires us to perform our Services with reasonable care and skill and you can ask us to repeat or fix the Services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it.

  1. CHANGES

Changes to these Terms

    1. We may change these Terms at any time, without giving any reason, and both you and us shall be legally bound by those changes when we have told you about them. If you do not agree to such changes after we have notified you of them:

  1. you can cancel your Paid Subscription within seven (7) days of us notifying you of such change; or

  2. you can delete the App if you are a Basic Subscription user.

Changes to our Fees

    1. We may increase our subscription fees at any time, providing we give you at least thirty (30) days’ notice before the increase takes effect. If you do not agree with the changes to the subscription fees, you may cancel your Paid Subscription before the increase takes effect in accordance with section 10 above.

  2. LIMITATIONS ON OUR LIABILITY TO YOU

    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

  1. losses that:

        1. were not foreseeable to you and us when the contract was formed;

        2. were not caused by any breach on our part;

  1. business losses; and

  2. losses to non-consumers.

    1. IF YOU ARE A RESIDENT OF THE UNITED STATES, THE FOLLOWING PROVISIONS APPLY INSTEAD OF CLAUSE 13.1: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    2. We are not responsible for, and have no liability in respect of, any problems that you may experience with the App or Services which are a result of problems or connectivity issues with your systems, server, device, connectivity or network or anything which is outside of our reasonable control.

    3. To the extent permitted by law, we shall only be liable to you for any losses arising out of or in connection with the App or Services up to a maximum of the total subscription fees paid by you during the twelve (12) months prior to the event giving rise to the claim.

  1. GOVERNING LAW

    1. If you are a resident of the United States, the laws of the Commonwealth of Massachusetts, USA, apply to these Terms and you agree to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts, USA to resolve any dispute or claim arising from these Terms.

    1. If you are a resident of the UK or other country outside of the United States the laws of England and Wales apply to these Terms. If you are a consumer resident outside of the United States and want to take court proceedings, the relevant courts of the jurisdiction in which you live will have non-exclusive jurisdiction in relation to these Terms and the dispute.

    2. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

    3. As a consumer, you will benefit from any local mandatory laws of your country of residence.  Nothing in these Terms, including section 14.1 or 1.4, affects your rights as a consumer to rely on such mandatory provisions of local law.

    1. GENERAL

    2. If you are a resident of the US, these Terms are the entire agreement you have with us and supersede any previous oral or written agreement relating to the matters covered herein. If you are a resident of the UK, these Terms, including any which have to be treated as being included by virtue of the Consumer Rights Act 2015 and/or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, form the whole agreement you have with us. You confirm that you have not relied on anything else when deciding to enter into these Terms, and that you will not claim otherwise.

    3. Permitting you to use the App or our Services will not prevent us from exercising any right or remedy we may have in respect of your breach of these Terms even if we are aware of the breach at the time, and you agree not to claim that it does.

    4. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any right or provision will only be effective if it’s made in writing and signed by our duly authorised representative.

    5. No one other than you and us (as parties to these Terms) has any right to enforce any of these Terms.

    6. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected.

    7. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted, the provision or part-provision in question shall apply with such deletions as may be necessary to make it legal, valid and enforceable.