Terms of Service
These Terms of Service ("Terms") are an agreement between you and Lumena Productions, a brand of BAXTER GROUP LLC ("we", "us"), and govern your use of LumenaPhone: the website at lumenaphone.com, the customer portal, the web softphone, the LumenaPhone mobile apps, desk phones provisioned through LumenaPhone, and the LumenaPhone API (together, the "Service"). If you use the Service for a business, you accept these Terms on its behalf and confirm you have authority to do so.
Provider
Lumena Productions, a brand of BAXTER GROUP LLC
30 N Gould St Ste R, Sheridan, WY 82801, United States
Support: support@lumenaphone.com
1. The Service
LumenaPhone provides business phone numbers with calling, text messaging, voicemail and transcription, optional call recording, fax, call routing (menus, business hours, ring groups and forwarding), team accounts, video calls and meetings, and an API. Features vary by plan and may change over time.
2. Accounts
- You must be at least 18 and give accurate account information.
- You are responsible for your account, for keeping passwords, API keys and device credentials secret, and for everything done by team members you add.
- Tell us right away at support@lumenaphone.com if you suspect unauthorized use.
3. Plans, billing and cancellation
- Plans are billed monthly in advance through Stripe at the price shown when you subscribe. Additional phone or fax numbers may carry their own monthly charge, prorated for partial months.
- You authorize us to charge your payment method each billing period until you cancel. Taxes may be added where required.
- You can cancel at any time in the portal. Cancellation takes effect at the end of the current billing period; you keep access until then. We do not charge cancellation fees.
- Except where required by law or stated otherwise in writing, payments are non-refundable and we do not give credits for partial periods.
- We may change prices with at least 30 days' notice by email. The new price applies from your next billing period after the notice.
- If a payment fails, we may suspend the Service until the balance is paid.
4. Phone numbers
Numbers are provided through our carrier partners and assigned to your account for as long as it stays active and paid. You may ask to port a number out to another provider while your account is in good standing. After an account is canceled or closed for nonpayment, its numbers may be released and reassigned.
5. Acceptable use
You agree to follow all laws and carrier rules that apply to your communications. You will not use the Service to:
- Send spam, unsolicited marketing, or messages or calls without the consent the law requires (for example, under the Telephone Consumer Protection Act and CAN-SPAM).
- Make robocalls or auto-dialed calls, spoof caller ID, or send content carriers prohibit.
- Record calls without the notice or consent the law requires. Some states and countries require every party's consent.
- Harass, threaten, defraud or impersonate anyone, or send unlawful content.
- Interfere with, probe or overload the Service, or try to get around its security or usage limits.
- Resell the Service without our written permission.
Carriers may block or filter messages and calls, and may require business or campaign registration before messages are delivered. We may suspend or end accounts that break these rules or that put the Service or our carrier relationships at risk.
6. Emergency calls
LumenaPhone is not a replacement for a traditional phone line for emergency calls. Do not rely on the Service to reach 911 or other emergency services. Calls depend on your internet connection, power and device, and emergency services may not receive your location. Keep another way to reach emergency services available at all times.
7. Your content
You own the messages, recordings, voicemails, faxes, contacts and other content you send, receive or store through the Service. You give us permission to store, transmit, transcribe and process that content only as needed to provide the Service. Our handling of information is described in our Privacy Policy.
8. Our property
The Service, its software and the LumenaPhone name and logo belong to Lumena Productions and its licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is active; they do not transfer any ownership.
9. Third-party services
The Service relies on third parties, including telecommunications carriers, payment processing and app stores. Their availability and terms are outside our control, and we are not responsible for their acts or outages.
10. Availability and changes
We work to keep the Service running but do not guarantee it will be uninterrupted or error-free, or that every call, message or fax will be delivered. We may change, add or remove features. We will give reasonable notice of changes that materially reduce what your plan includes.
11. Suspension and termination
You may stop using the Service and cancel at any time. We may suspend or terminate your account for nonpayment, for breaking these Terms, or when required by law or a carrier. When an account ends, your right to use the Service stops and your data may be deleted as described in the Privacy Policy. Sections 7 through 14 survive termination.
12. Disclaimers
Except as expressly stated in these Terms, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.
13. Limitation of liability
To the fullest extent the law allows, Lumena Productions and BAXTER GROUP LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, arising from the Service, including missed, dropped or undelivered calls, messages or faxes. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the 12 months before the claim arose.
14. Indemnity
You will defend and indemnify Lumena Productions and BAXTER GROUP LLC against claims, losses and costs (including reasonable attorneys' fees) arising from your content, your communications, or your breach of these Terms or the law.
15. Governing law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Wyoming, and you consent to their jurisdiction, unless the law where you live gives you the right to bring a claim elsewhere.
16. Changes to these Terms
We may update these Terms. We will post the new version here with a new effective date and, for material changes, notify account owners by email before they take effect. Continuing to use the Service after that date means you accept the updated Terms.
17. Contact
Questions about these Terms: support@lumenaphone.com.
See also: Privacy Policy