Welcome to Lumetra. These Terms of Use (“Terms”) govern your access to and use of Lumetra’s services, including the Engram platform, websites, applications, and related offerings (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
For clarity in this Section 3 only:
Free Accounts — We own all. As between you and Lumetra, Lumetra owns all Data created, processed, or stored through Free Accounts, including Raw Inputs, Outputs, and Memories.
Paid Accounts — Raw Inputs are yours; Memories are ours. As between you and Lumetra, for Paid Accounts:
Enterprise Solutions. For enterprise solutions, a separate rider or agreement may supplement or supersede this Section 3. In the event of conflict, the enterprise rider controls for the enterprise account.
To the extent you own any rights in Data: You grant Lumetra a non‑exclusive, worldwide, royalty‑free license to use, host, reproduce, process, transmit, display, and create derivative works from such Data as necessary to operate, maintain, secure, and support the Service (including to create and store Memories).
Free Accounts. Lumetra may use, copy, modify, analyze, distribute, commercialize, sell, license, or otherwise exploit Data from Free Accounts in any manner and for any purpose, including (without limitation) operating and improving the Service, developing and training AI models, and creating aggregated or anonymized datasets for analytics or research.
Paid Accounts. Lumetra may use, copy, modify, analyze, distribute, and otherwise exploit Data from Paid Accounts for any purpose except that Lumetra will not sell Data from Paid Accounts.
Lumetra does not guarantee that any Data will be stored or retrievable, and may retain, anonymize, or delete Data at its sole discretion. Users are solely responsible for maintaining any independent backups they may require.
If a Free Account has no authenticated API activity (including dashboard logins) for 180 consecutive days, Lumetra will delete all Memories and Buckets associated with that account. Lumetra will email the account holder at the address on file approximately 30 days before deletion (i.e., at the 150-day mark) so the holder may resume use or export Data. Any authenticated request resets the inactivity counter. The Account itself, API keys, and login credentials are preserved; only the stored Memories and Buckets are removed. This Section 3.6 does not apply to Paid Accounts, which are not subject to inactivity-based deletion.
The Service, and except as expressly provided in Section 3, all Data, Memories, software, and associated intellectual property rights, remain the exclusive property of Lumetra and its licensors. You may not copy, modify, distribute, sell, or lease any part of the Service without prior written consent.
Our use of personal information is governed by our Privacy Policy. By using the Service, you consent to such use.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LUMETRA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. LUMETRA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA OR MEMORIES WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMETRA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, PROFITS, BUSINESS, OR GOODWILL; DAMAGES ARISING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF DATA OR MEMORIES. IN NO EVENT SHALL LUMETRA’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO LUMETRA FOR USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Lumetra and its affiliates from and against all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your Data.
Lumetra may suspend or terminate your access to the Service at any time, with or without cause, and without notice. Upon termination, your right to use the Service will immediately cease. Lumetra may retain, anonymize, commercialize, or delete any Data associated with your account without liability, subject to Section 3 (plan‑specific ownership and commercialization rules).
These Terms shall be governed by and construed under the laws of the State of Washington, without regard to its conflict of law principles. Any disputes shall be resolved in the courts located in King County, Washington, unless Lumetra elects binding arbitration. You waive any right to participate in class actions or jury trials.
Lumetra may modify these Terms at any time. Updated Terms will be posted on our website with a new effective date. Your continued use of the Service after such changes constitutes acceptance.