LuminarIQ Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and LuminarIQ ("we", "us", "our", "Provider") regarding your use of the LuminarIQ business management software platform.

By creating an account, accessing, or using LuminarIQ, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our service.

2. Service Description

LuminarIQ is a cloud-based business management software platform designed specifically for Australian trade businesses. Our services include:

Core Features (All Plans):

• Client Management: Contact database, client profiles, communication history
• Job Management: Job scheduling, tracking, status updates, team assignment
• Invoicing: Professional invoice generation, payment tracking, automatic reminders
• Quote Generation: Professional quote creation and management
• Site Photos: Photo uploads, organization, and job documentation
• Expense Tracking: Expense recording and categorization
• Calendar & Scheduling: Job calendar, appointment scheduling
• Dashboard & Reporting: Business insights, revenue tracking, job statistics
• Data Export: CSV export of all your business data
• Mobile PWA: Progressive Web App for iOS and Android devices

Team Plan Features:

• Team member management and permissions
• Job assignment and team collaboration
• Timesheet management and tracking
• Multi-user access with role-based permissions

Optional Power Add-ons (Additional Fees):

• Xero Integration ($19/month): Two-way sync with Xero accounting
• SMS Automation ($19/month): Automated job, payment, and booking reminders via SMS
• AI Receipt Scanning ($29/month): Automatic expense extraction from receipts using AI
• GPS Tracking ($29/month): Real-time team location and route tracking
• Booking URL ($9/month): Customer self-service booking portal

Service Availability: LuminarIQ is delivered as a "Software as a Service" (SaaS) accessible via web browsers and mobile devices with internet connectivity.

3. Subscription Plans & Pricing

Free Trial Period:

• Duration: 14 days with full feature access (no credit card required)
• Grace Period: 7 additional days after trial expiration to upgrade before account deletion
• Data Deletion: Accounts not upgraded within 21 days (14-day trial + 7-day grace) are permanently deleted

Subscription Plans:

• Solo Plan:
  • Founder Pricing: $19.99/month (Jan-June 2026)
  • Standard Pricing: $29/month (from July 2026)
  • All prices include Australian GST
  • Single user access
  • All core features included
• Team Plan:
  • Founder Pricing: $39.99/month (Jan-June 2026)
  • Standard Pricing: $59/month (from July 2026)
  • All prices include Australian GST
  • Multiple team members with role-based access
  • All Solo features plus team collaboration, timesheets, job assignment

Power Add-ons (Optional):

Available to both Solo and Team plan subscribers at additional monthly cost. Prices include GST.

4. Payment Terms

Billing Cycle:

• Subscriptions are billed monthly in advance
• Billing date is the anniversary of your initial subscription date
• Automatic renewal unless cancelled before next billing cycle

Payment Methods:

• Credit card or debit card via Stripe payment processor
• Payment information is securely stored by Stripe (PCI DSS compliant)
• We do not store your full credit card details on our servers

GST & Tax:

• All prices are inclusive of Australian Goods and Services Tax (GST)
• Tax invoices available via email and in your account dashboard

Failed Payments:

• We'll attempt to charge your payment method up to 3 times
• Email notifications sent for failed payment attempts
• Account suspended after 7 days of non-payment (data retained for 30 days)
• Account and data permanently deleted after 30 days of suspension
• You remain responsible for outstanding fees during suspension period

Price Changes:

• We reserve the right to change pricing with 30 days advance notice
• Notice provided via email to registered account address
• Existing subscribers: new pricing applies on next billing cycle after notice period
• You may cancel before price increase takes effect

5. Refund & Cancellation Policy

Your Australian Consumer Law Rights:

Free Trial Cancellation:

• Cancel anytime during 14-day trial - no charges, no questions asked
• No credit card required during trial

Paid Subscription Cancellation:

• Cancel anytime from account settings
• Service continues until the end of your current billing period
• No refunds for partial months (unless required by Australian Consumer Law)
• No cancellation fees
• Data available for export for 30 days after cancellation

Refund Circumstances:

• Service Failure: If we fail to provide the service as described or meet consumer guarantees
• Billing Errors: Full refund for incorrect charges within 60 days
• Major Failure: Full or partial refund if service has a major failure under Australian Consumer Law
• Discretionary Refunds: We may offer refunds on a case-by-case basis for exceptional circumstances

How to Request Refund:

• Email: support@luminariq.com.au
• Include: Account email, reason for refund request, relevant details
• We'll respond within 7 business days
• Approved refunds processed within 5-10 business days to original payment method

Add-on Cancellation:

• Power Add-ons can be cancelled independently of main subscription
• Cancelled add-ons remain active until end of current billing period
• No partial refunds unless required by consumer law

6. User Account & Responsibilities

Account Registration:

• You must provide accurate, current, and complete information
• You must be at least 18 years old to create an account
• One account per email address
• Business accounts: you must have authority to bind the business to these Terms

Account Security:

• You are responsible for maintaining the confidentiality of your password
• You are fully responsible for all activities under your account
• Enable multi-factor authentication (MFA) for enhanced security
• Notify us immediately of any unauthorized access: admin@luminariq.com.au
• We are not liable for losses from unauthorized account access due to your failure to safeguard credentials

Your Responsibilities:

• Comply with all applicable Australian laws and regulations
• Use the service only for lawful business purposes
• Maintain accurate and up-to-date business information
• Back up critical data (we provide export tools, but you're responsible for your backups)
• Ensure your team members comply with these Terms
• Pay all fees when due

Account Sharing:

• Solo Plan: Single user access only - sharing credentials prohibited
• Team Plan: Multiple authorized team members with individual accounts
• Do not share login credentials with unauthorized third parties

7. Acceptable Use Policy

You agree NOT to use LuminarIQ for any of the following prohibited purposes:

Illegal Activities:

• Violating any Australian or international laws or regulations
• Infringing intellectual property rights of others
• Fraud, money laundering, or other financial crimes
• Collecting or harvesting personal information without consent

Security & Technical Violations:

• Attempting to gain unauthorized access to our systems or other users' accounts
• Transmitting viruses, malware, or other harmful code
• Using automated tools (bots, scrapers) to access the service
• Reverse engineering, decompiling, or disassembling our software
• Interfering with or disrupting the service or servers
• Circumventing security features or access controls

Abusive Conduct:

• Harassing, threatening, or abusing other users or our staff
• Impersonating another person or entity
• Providing false or misleading information
• Spamming or sending unsolicited communications

Inappropriate Content:

• Storing or transmitting illegal content (child exploitation material, terrorist content, etc.)
• Uploading content that violates others' privacy or confidentiality
• Storing excessively large files or using service for file storage/backup purposes unrelated to business management

Commercial Misuse:

• Reselling or sublicensing the service without authorization
• Using the service to build a competing product
• Sharing account access with unauthorized users to avoid subscription fees

Consequences of Violations:

• We may suspend or terminate your account immediately
• We may report illegal activities to law enforcement
• You remain liable for fees incurred before termination
• No refunds for accounts terminated due to Terms violations

8. Intellectual Property Rights

Our Ownership:

• LuminarIQ owns all rights, title, and interest in:
  • The software, code, algorithms, and technology
  • User interface, design, and "look and feel"
  • Trademarks, logos, and brand assets ("LuminarIQ" name and logo)
  • Documentation, tutorials, and help materials
  • All improvements and derivative works
• These Terms do not transfer any ownership rights to you

License Grant to You:

• We grant you a limited, non-exclusive, non-transferable, revocable license to:
  • Access and use LuminarIQ for your business purposes
  • Use our mobile apps (PWA) on your devices
  • Access via web browsers for your authorized users
• This license is valid only while your subscription is active and in good standing
• License terminates immediately upon account cancellation or Terms violation

Restrictions - You May NOT:

• Copy, modify, adapt, or create derivative works from our software
• Reverse engineer, decompile, disassemble, or attempt to derive source code
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Rent, lease, sell, sublicense, or transfer your license to others
• Use our trademarks, logos, or brand without written permission
• Frame or mirror any part of the service
• Use the service to build a competing product or service

Your Data Ownership:

• You retain all ownership rights to data you upload:
  • Client information, job details, invoices, quotes
  • Site photos, receipts, uploaded documents
  • Business data and content you create
• We claim no ownership of your business data
• We do not use your data for any purpose except providing the service

License You Grant to Us:

By uploading data to LuminarIQ, you grant us a limited license to:

• Store, display, process, and transmit your data solely to provide the service
• Perform backups and disaster recovery
• Use aggregated, anonymized data for service improvement (no personally identifiable information)

This license terminates when you delete data or close your account (subject to our 30-day retention policy).

Feedback & Suggestions:

• Any feedback, ideas, or suggestions you provide become our property
• We may use feedback to improve LuminarIQ without compensation to you
• You waive any rights to compensation for implemented suggestions

Third-Party Content:

• LuminarIQ may include links or integrations with third-party services (Xero, Stripe, etc.)
• We do not own or control third-party content or services
• Your use of third-party services is subject to their own terms and policies

9. Data Storage, Security & Export

Data Security:

• We implement industry-standard security measures (encryption, access controls, firewalls)
• See Privacy Policy Section 5 for comprehensive technical and organizational security measures
• While we use strong security, no system is 100% secure - you use the service at your own risk

Data Backups:

• We perform regular automated backups for disaster recovery
• Backups are encrypted and stored securely
• We are not responsible for data loss due to your actions (accidental deletion, account termination)
• Your Responsibility: Export and backup critical data regularly using our CSV export tools

Data Export:

• You can export all your data anytime in CSV format from account settings
• Export includes: clients, jobs, invoices, quotes, expenses, timesheets
• Photos and documents can be downloaded individually
• No export fees or restrictions

Data Retention After Termination:

• 30-day grace period after cancellation to export data
• Permanent, irreversible deletion after 30 days
• We cannot recover data after permanent deletion
• Recommendation: Export data before cancelling your account

10. Service Levels & Availability

Uptime Target:

• We strive for 99.5% monthly uptime (excluding scheduled maintenance)
• This is a target, not a guarantee
• Uptime calculated monthly, excluding planned maintenance windows

Service Provided "As Is":

• LuminarIQ is provided on an "as is" and "as available" basis
• We do not guarantee uninterrupted, error-free, or secure service
• We may experience downtime due to maintenance, technical issues, or third-party failures

Scheduled Maintenance:

• We perform periodic maintenance to improve and update the service
• We'll provide 48 hours advance notice for planned maintenance where possible
• Emergency maintenance may occur without advance notice
• Maintenance typically scheduled during off-peak hours (AWST timezone)

Third-Party Service Dependencies:

• LuminarIQ integrates with third-party services: Stripe, Xero, Twilio, OpenAI, Gmail SMTP
• Service disruptions or outages affecting these providers may impact LuminarIQ functionality
• We are not responsible for third-party service failures
• We'll make reasonable efforts to notify you of major third-party outages

Support:

• Email support: support@luminariq.com.au
• Response time target: Within 48 hours (business days)
• No phone support currently available
• Support hours: Monday-Friday, 9am-5pm AWST (Australian Western Standard Time)

Service Modifications:

• We may add, modify, or discontinue features at any time
• We'll provide reasonable notice for significant changes or feature removals
• We may discontinue the service entirely with 90 days notice

11. Liability & Disclaimers

Warranties Excluded (To Maximum Extent Permitted by Law):

• Service is provided "as is" without warranties of any kind
• We disclaim all implied warranties including:
  • Merchantability or fitness for a particular purpose
  • Non-infringement of third-party rights
  • Accuracy, reliability, or completeness of service
  • Error-free or uninterrupted operation
• We do not warrant that the service will meet your specific requirements

Limitation of Liability:

To the maximum extent permitted by Australian law:

• Our total liability for any claim is limited to the fees you paid in the 12 months before the claim arose
• We are not liable for:
  • Indirect, incidental, consequential, or special damages
  • Loss of profits, revenue, data, or business opportunities
  • Cost of substitute services
  • Business interruption or loss of goodwill
• This applies even if we've been advised of the possibility of such damages

Exceptions to Liability Limits:

We do NOT limit or exclude liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breaches of consumer guarantees under Australian Consumer Law
• Any liability that cannot be excluded under Australian law

Your Indemnification:

You agree to indemnify, defend, and hold harmless LuminarIQ, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of any laws or third-party rights
• Your misuse of the service
• Your negligence or willful misconduct
• Content you upload or data you provide
• Claims by your team members or clients

Third-Party Services:

• We are not responsible for third-party services (Stripe, Xero, Twilio, etc.)
• Your use of integrations is at your own risk
• Third-party services have their own terms, privacy policies, and limitations

12. Termination

Your Right to Terminate:

• Cancel your subscription anytime from account settings
• No cancellation fees or penalties
• Service continues until end of current billing period
• Request immediate account deletion via email to support@luminariq.com.au

Our Right to Suspend or Terminate:

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your account is used for illegal activities
• You fail to pay fees (after 7 days notice)
• We're required to do so by law or court order
• We reasonably believe your account poses a security risk

We may also terminate with 30 days advance notice at our discretion.

Effect of Termination:

• Your license to use LuminarIQ terminates immediately
• You lose access to the service and your account
• Your data remains available for export for 30 days
• All data permanently deleted after 30-day retention period
• No refunds for prepaid subscription periods (unless required by consumer law)
• You remain liable for any outstanding fees incurred before termination

Survival of Terms:

The following provisions survive termination:

• Payment obligations for services used
• Intellectual property rights
• Liability limitations and disclaimers
• Indemnification obligations
• Dispute resolution procedures

13. Dispute Resolution & Governing Law

Governing Law:

• These Terms are governed by the laws of Western Australia and the Commonwealth of Australia
• Australian Consumer Law applies to all consumer transactions
• Privacy Act 1988 (Cth) governs data protection matters

Jurisdiction:

• Any legal disputes will be heard in the courts of Western Australia
• You submit to the non-exclusive jurisdiction of Western Australian courts
• We may bring claims in any jurisdiction where you reside or conduct business

Dispute Resolution Process:

Before pursuing legal action, we encourage resolving disputes through the following process:

1. Informal Resolution (Required First Step):
   • Contact us at admin@luminariq.com.au describing the issue
   • Include your account details, nature of dispute, and desired resolution
   • We'll respond within 14 days and work in good faith to resolve
2. Escalation (If Unresolved After 30 Days):
   • Either party may request mediation
   • Mediation conducted by mutually agreed mediator
   • Costs of mediation shared equally unless otherwise agreed
   • Mediation location: Perth, Western Australia (or via video conference)
3. Legal Action (Last Resort):
   • Only after good-faith attempts at informal resolution and mediation
   • Court proceedings in Western Australian courts

Small Claims & Consumer Disputes:

• Nothing prevents you from pursuing claims in small claims courts
• You may also lodge complaints with consumer protection agencies
• Australian Competition and Consumer Commission (ACCC): www.accc.gov.au
• Consumer Protection WA: www.commerce.wa.gov.au/consumer-protection

Class Actions:

• Class action waivers may not be enforceable under Australian law
• You retain all rights to participate in class actions if applicable

14. Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including:

Natural Events:

• Natural disasters (floods, fires, earthquakes, storms, cyclones)
• Pandemics, epidemics, or public health emergencies
• Extreme weather events

Infrastructure Failures:

• Internet service provider outages or network failures
• Cloud hosting provider outages (Replit infrastructure failures)
• Power outages or telecommunications failures
• Third-party service disruptions (Stripe, Xero, AWS, etc.)

Government & Legal:

• Government actions, orders, or regulations
• Court orders or legal restrictions
• Acts of war, terrorism, or civil unrest
• Strikes, labor disputes, or industrial action

Security Events:

• Cyber attacks, DDoS attacks, or hacking attempts
• Security breaches requiring service shutdown

Our Obligations During Force Majeure:

• Use reasonable efforts to minimize service disruption
• Notify you of the force majeure event and expected duration
• Resume service as soon as reasonably possible
• Provide updates on restoration progress

Extended Force Majeure (Over 30 Days):

• Either party may terminate the agreement without penalty
• You'll receive a pro-rated refund for unused service period

15. Changes to These Terms

We May Update These Terms:

We reserve the right to modify these Terms to reflect:

• Changes in our services or business operations
• Changes in laws, regulations, or legal requirements
• New features, integrations, or technologies
• Security, privacy, or safety improvements

How We'll Notify You:

• Email notification to your registered account email address
• Prominent notice in the app dashboard upon login
• Updated version number and "Last Updated" date at top of this document
• At least 30 days advance notice for material changes

Your Options:

• Accept Changes: Continue using the service = acceptance of updated Terms
• Reject Changes: Cancel your account before changes take effect (no penalties)
• Changes take effect on the date specified in our notice (minimum 30 days)

Immediate Changes (Without Notice):

We may make immediate changes without 30 days notice if:

• Required by law or legal compliance
• Necessary for security, safety, or fraud prevention
• Changes are minor or purely administrative

Version History:

• Current version: 2.0 (November 3, 2025)
• Previous versions available upon request: admin@luminariq.com.au

16. General Provisions

Entire Agreement:

• These Terms and our Privacy Policy constitute the entire agreement
• Supersedes all prior agreements, discussions, or understandings
• No verbal agreements or representations are binding

Severability:

• If any provision is found invalid or unenforceable, it will be modified to be enforceable
• Remaining provisions continue in full force

Waiver:

• Our failure to enforce any right doesn't waive that right
• Waivers must be in writing to be effective

Assignment:

• You may not assign or transfer your account or these Terms without our written consent
• We may assign these Terms to a successor company (merger, acquisition, sale)

No Agency Relationship:

• These Terms don't create a partnership, joint venture, or agency relationship
• You can't bind LuminarIQ or make commitments on our behalf

Notices:

• Legal notices must be sent to: admin@luminariq.com.au
• We'll send notices to your registered account email
• Notices are effective when sent

Language:

• These Terms are in English
• Any translations are for convenience only - English version controls

17. Contact Information

Regulatory & Government Contacts:

• ACCC (Consumer Protection): www.accc.gov.au | 1300 302 502
• Consumer Protection WA: www.commerce.wa.gov.au/consumer-protection
• OAIC (Privacy Matters): www.oaic.gov.au | 1300 363 992