TERMS OF SERVICE AGREEMENT

Effective on February 1, 2026

We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.

1. INTRODUCTION

By accessing or using LumiVillage’s Platform, you agree to be bound by this Terms of Service Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Cookie Policy, Community Guidelines, and LumiVillage Peace of Mind Pledge, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.

DISPUTE RESOLUTION: SECTION 22 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST LUMIVILLAGE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

We may update these Terms from time to time, so check this page regularly for updates.

Welcome to LumiVillage, operated by LumiVillage, LLC. As used in this Agreement, the terms “LumiVillage,” “us,” “we,” the “Company”, and “our” shall refer to LumiVillage, LLC. Together you and LumiVillage may be referred to as the “Parties” or separately as “Party.”

By accessing or using our LumiVillage’s mobile application (the “App”), and related services, information and communications (collectively referred to herein as the “Platform” or the “LumiVillage Platform”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Platform, regardless of registration or account status.

Your access and use of our Platform is also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and Peace of Mind Pledge, which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Platform.

These terms may change from time to time. Notice of any material change will be posted on this page with an updated effective date. We may notify you of a change to the Terms via email, in-app notification, or other means; however, you are responsible for regularly checking this page for any changes. To the maximum extent permitted by applicable law, your continued access or use of our Platform after the effective date of the Terms constitutes your consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Platform immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 20b. and the Dispute Resolution provisions in Section 22 below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in any manner and at any time as we may determine in our sole and absolute discretion.

We reserve the right to introduce mandatory features to our Platform at any time. These features may be designed to enhance the functionality, security, safety or overall user experience of our Platform. As these features are mandatory, if you do not wish to engage with these features, you may lose access to your account or be required to terminate your account as set forth in Section 13.

BY ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

2. THE PLATFORM

LumiVillage is a technology marketplace, not a school, instructional provider, or employer. All Users interact as independent third parties. While we utilize identity verification processes to enhance community integrity, this is not a guarantee of a User’s character or future conduct. Because we do not inspect the private or public locations where instruction occurs, all Users voluntarily assume all physical and personal risks, including injury or property damage.

2a. ONLINE MARKETPLACE

The LumiVillage Platform is an app-based two-sided marketplace which facilitates connections between Students and Instructional Providers. “Students” are individuals seeking to discover, book, and obtain instructional services. “Instructional Providers” are independent third-party providers of instructional services, inclusive of “Coaches” (individuals) and “Studios” (business entities). Students and Instructional Providers are referred to herein together as “User(s)”. “Instructional Events” scheduled through the platform may include a “Session” (individualized, one-on-one instruction) and/or a “Class” (instruction provided to multiple Students simultaneously).

Instructional Providers are third-party independent individuals or business owners, providing services under their own name or business name (and not under LumiVillage’s name). Instructional Providers maintain complete discretion over (a) their teaching methods, curriculum, and lesson plans; (b) the rates they charge; (c) the selection of their Students; and (d) their work schedule and locations.

Any reference to User(s) being licensed or credentialed in some manner, or being “badged”, “reliable”, “reliability rate”, “elite”, “great value”, “verified”, or “vetted” (or similar language) indicates only that the User(s) has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Users to evaluate when they make their own decisions about the identity and suitability of other Users whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by LumiVillage of a User’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.

2b. OUR ROLE

The Platform is not an employment agency, instructional service, or school, and LumiVillage is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of LumiVillage.

Users hereby acknowledge and agree that (a) LumiVillage does not (i) perform Sessions or Classes nor employ individuals to perform them, (ii) supervise, scope, direct, control, or monitor an Instructional Provider’s work (including that LumiVillage does not set work locations, work hours, curriculum, or terms of work), nor provide tools or supplies to, or pay any expenses of, Instructional Providers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Sessions, Classes, or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for LumiVillage, nor any employment or other relationship between LumiVillage and the Users or between the Student and the Instructional Provider. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, LumiVillage.

LumiVillage is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, disability insurance, social security contributions, or other applicable payroll withholdings. The Instructional Provider assumes full and sole responsibility for all required and applicable income tax and social contributions.

2c. Assumption of Risk and Physical Locations

Users acknowledge and agree that Sessions and Classes take place in private homes, studios, or public locations. LumiVillage does not inspect, vet, or guarantee the safety or suitability of these physical locations. By using the Platform, you voluntarily assume all physical and personal risks associated with in-person instruction, including, without limitation, the risk of bodily injury, death, or property damage. You agree that it is your sole responsibility to inspect the location of any Session or Class and to determine whether it is safe and appropriate for the intended activity. LumiVillage is not responsible for any hazards, defects, or dangerous conditions existing at any location selected by Users.

2d. Verification Disclaimer

While LumiVillage utilizes identity verification protocols (which may include Government ID and Live Selfie technology), such verification indicates only that the User’s identity has been reviewed. These verification processes are limited in scope. They do not constitute an endorsement, certification, or guarantee by LumiVillage of the Instructional Provider’s skills, safety, or the quality of their instruction.

2e. Service Agreement

When a Student and an Instructional Provider agree on the terms of a Session or Class, they are entering into a binding contract directly with each other (the “Service Agreement”). LumiVillage is not a party to any Service Agreement, and the formation of such an agreement does not create any responsibility or liability for LumiVillage.

2f. User Representations and Warranties

In your access to and use of the Platform, you represent and warrant that you:

Will comply fully with the terms of the Agreement and all Supplemental Terms;
Are at least 18 years of age and are capable of entering into binding contracts;
Have the right, authority, and capacity to enter into the Agreement;
Will respect the privacy, property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Session, Class, or any interaction by or with any User and/or LumiVillage without obtaining the prior written consent of LumiVillage and the relevant User;
Will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the in-app messaging system);
Will only utilize the authorized third-party Payment Service Provider (Stripe) to make or receive payment for Sessions or Classes;
Will use your legal name and/or legal business name and an up-to-date photo on your profile;
Will comply with all applicable local, state, or international laws in your use of the Platform;
Will ensure that ALL communications regarding Sessions and Classes (including, without limitation, scheduling, scoping, and payments), remain on the Platform at all times.

2g. Additional Instructional Provider Representations and Warranties

If you are an Instructional Provider (Coach or Studio), you additionally represent and warrant that you:

Have the unrestricted right to work in the jurisdiction in which you perform instruction;
Have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws (including business licenses and professional certifications);
Have and will maintain all insurance required to operate your business and perform the instruction;
Will provide timely, high-quality services for your Students as agreed in the App; only offer services for which you have the necessary expertise; and perform the instruction in a safe manner; and
Will promptly disclose to LumiVillage in writing if you have any potentially relevant criminal convictions that arise during your use of the Platform.

3. INDEPENDENT CONTRACTOR CLASSIFICATION

Instructional Providers are independent business owners, not employees, partners, or agents of LumiVillage.

3a. Manner and Means

Instructional Providers are solely responsible for the manner and means in which they perform their services. LumiVillage does not provide training, curriculum, equipment, or direction to Instructional Providers. Each Instructional Provider is responsible for their own business expenses, including but not limited to insurance, licensing, and professional certifications.

3b. No Benefits

Instructional Providers acknowledge and agree that they are not entitled to, and shall have no claim against LumiVillage for, vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

3c. Tax Responsibility

Instructional Providers are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the performance of Instructional Events. LumiVillage will not withhold any amount for income tax, social security, or other federal/state taxes.

3d. No Agency

No User has any authority to enter into contracts or create any obligations for or on behalf of LumiVillage. This Agreement does not create a partnership, joint venture, or agency relationship between LumiVillage and any User.

4. ACCOUNT ELIGIBILITY, ACCESS, AND SECURITY

LumiVillage is a passwordless Platform; access is tied to your mobile device via a unique PIN. You are responsible for keeping your device secure. Participation in the Platform requires a mandatory, yet limited, identity verification process. If you cannot or will not verify your identity, you cannot use the Platform.

4a: Passwordless Authentication

To enhance security and streamline access, LumiVillage utilizes passwordless authentication. Access to your account is granted exclusively via a one-time PIN sent to your registered mobile number or through authorized third-party “Social Sign-In” (e.g., Google or Apple ID). You are solely responsible for maintaining the security of your mobile device. Any person with access to your device or PIN may be able to access your LumiVillage account. You must notify LumiVillage immediately if your mobile device is lost, stolen, or if you suspect any unauthorized use of your account.

4b: Identity Verification Requirements

To maintain the integrity of the marketplace, LumiVillage requires all Users to complete an identity verification process before booking or hosting an Instructional Event. This involves providing a government-issued photo ID and a live biometric “selfie” comparison. As stated in Section 2d, this process is limited to identity confirmation. It does not constitute a background check, a credit check, or an ongoing monitoring of a User’s legal status. Failure to provide accurate documentation or complete the verification process will result in immediate account suspension or termination.

4c: Eligibility and Account Conduct

By creating an account, you represent and warrant that:

You have never been convicted of a felony or any crime involving violence, sexual misconduct, or predatory behavior.
You will maintain only one account and will not transfer your account to any other person.
You will provide a clear, up-to-date profile photo that accurately represents your current appearance for safety and identification purposes during in-person meetings

5. LIMITED SCREENING & RIGHT TO CONDUCT BACKGROUND CHECKS

LumiVillage performs limited identity verification to confirm that users are who they say they are. While these protocols include the submission of a government-issued photo ID and a live biometric “selfie” comparison, this process is intended only to confirm that a User’s identity matches their provided documentation and is not a comprehensive background check. You understand and agree that

LUMIVILLAGE DOES NOT STANDARDLY PERFORM CRIMINAL BACKGROUND CHECKS ON USERS OR INQUIRE INTO THE DEEP LEGAL OR PERSONAL HISTORY OF ITS USERS AS PART OF THE INITIAL SIGN-UP PROCESS. HOWEVER, LUMIVILLAGE RESERVES THE RIGHT TO CONDUCT—AND YOU HEREBY AUTHORIZE LUMIVILLAGE TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

LUMIVILLAGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY AND YOUR INTERACTIONS WITH OTHER USERS. IDENTITY VERIFICATION IS NOT A GUARANTEE OF SAFETY AND IS NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE IN PERSON FOR INSTRUCTIONAL EVENTS. Though LumiVillage strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Platform. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Platform or meet in person.

6. PRIVACY

Privacy is important to us. We have a separate policy about it that you agree to read. For information about how LumiVillage collects, uses, and shares your personal data, please read our Privacy Policy. By using our Platform, you agree that we may use your personal data in accordance with our Privacy Policy.

7. CONTENT

It is important that you understand your rights and responsibilities with regard to the content on our Platform, including any content you provide or post.

7a. YOUR CONTENT

You are responsible for Your Content. Don’t share anything that would violate this Agreement or expose the Platform to legal liability. You are solely responsible for Your Content and agree to indemnify and hold us harmless from any claims made in connection with it. You warrant that the information you provide—including business details for Studios or credentials for Coaches—is accurate and that you will update it as necessary.

The content on your profile must be relevant to instructional services. You may not display personal contact, banking, or peer-to-peer payment information (such as Venmo handles, phone numbers, or email addresses) in your public profile or lesson descriptions. If you choose to reveal personal information to other Users, you do so at your own risk. By uploading Your Content, you represent that you have the necessary rights to do so and grant us a license to use it as provided in Section 15.

You understand that we may analyze, monitor, and review Your Content—including in-app messages—to improve our Platform and ensure community safety. We reserve the right to remove, edit, or block any of Your Content at our sole discretion.

7b. USER CONTENT

While you will have access to User Content, it is not yours and you may not copy or use it for any purpose outside of the Platform. Other Users will share content, such as teaching portfolios or student testimonials. User Content belongs to the User who posted it. You should always independently verify User Content for accuracy. Other Users are responsible for their content and any decisions you make based on that content are your own.

You may only use User Content to the extent that it allows you to communicate with and book other Users for instructional services. You may not copy User Content for commercial purposes, to spam, or to harass others. We reserve the right to terminate your account if you misuse another User’s content.

7c. OUR CONTENT

LumiVillage owns all other content on our Platform. All text, graphics, logos, and intellectual property appearing on our Platform are owned or licensed by us. All rights, title, and interest in Our Content remain with us at all times. We grant you a limited license to access Our Content as provided under Section 14.

7d. FEEDBACK

The Platform allows all Users—including Students, Coaches, and Studios—to provide feedback, reviews, and ratings for one another based on their experiences. Feedback is the sole opinion of the User who posted it and has not been verified or approved by LumiVillage. While we do not evaluate Users ourselves, we provide this feature to help the community make informed decisions. LumiVillage is not obligated to, but may, investigate or remove Feedback that violates our Agreement or Community Guidelines. You acknowledge that truthful, even if negative, feedback is a critical part of the Platform’s integrity, but you may report reviews that are fraudulent or violate these Terms for our review.

8. PAYMENTS, PRICING, AND HOLD PERIODS

We use Stripe Connect as our Authorized Payment Service Provider to ensure secure transactions. To protect both parties, funds are held briefly before being released to the Provider. LumiVillage respects the time of all Users. Failure to attend a scheduled session or class results in significant penalties for both Students and Instructional Providers.

8a. Payment Processing

All payments on the LumiVillage Platform are processed through Stripe. By using the Platform, you authorize LumiVillage to facilitate the collection of fees and the payout of funds. You agree to provide accurate and complete information about yourself and your business, and you authorize us to share it and transaction information with Stripe.

8b. Payout Hold (The 48-Hour Rule)

To ensure the instructional session was successfully performed and to mitigate fraud, Student payments are held by our payment processor. Funds (minus platform service fees) will be released to the Instructional Provider’s account 48 hours after the scheduled completion time of the session. Once this 48-hour window has passed, the transaction is deemed final and LumiVillage will not facilitate refunds or reversals.

8c. Student No-Show (The 15-Minute Rule)

The Instructional Provider is entitled to cancel the session.
The Student will be charged the full amount of the booking.
LumiVillage will process the payout to the Provider (minus platform fees) as if the session had occurred.

8d. Instructional Provider No-Show

The Student is entitled to a 100% refund of the booking price and any associated service fees.
The Instructional Provider will not receive any payout for that session.
Account Impact: Repeated No-Shows by an Instructional Provider are a material breach of this Agreement. LumiVillage reserves the right to lower the Provider’s “Reliability Rate,” remove “Elite” or “Verified” badges, or suspend/terminate the Provider’s account.

9. ANTI-CIRCUMVENTION AND NON-SOLICITATION

9a. Exclusive Use of Platform

You agree to use the LumiVillage Platform as your exclusive method to request, book, and pay for all instructional services with any User you first met or identified through the Platform. You are strictly prohibited from soliciting or accepting payments outside of the Platform (including but not limited to cash, Venmo, Zelle, or check) for sessions or classes initiated via LumiVillage.

9b. Non-Solicitation

You agree not to solicit other Users to leave the Platform or to provide services “off-platform” for a fee. You may not share personal contact information (e.g., phone numbers, personal emails, or social media handles) in your public profile or in-app messages for the purpose of circumventing the Platform’s payment system.

9c. Penalties for Circumvention

If LumiVillage determines, in its sole discretion, that a User has circumvented the Platform’s payment system or solicited off-platform payments, LumiVillage reserves the right to permanently terminate the accounts of all involved Users.

10. PROMOTIONAL CODES

LumiVillage may offer promotions or codes from time to time, but we reserve the right to change or cancel them at any moment.

LumiVillage may, from time to time, provide certain optional promotional codes, opportunities, and contests to Users. All such optional promotional opportunities will be run at the sole discretion of LumiVillage and will be subject to the specific terms and conditions governing those individual offers. These promotions can be implemented, modified, or removed at any time by LumiVillage without advance notification. The liability of LumiVillage and its Affiliates relevant to such promotional opportunities and contests shall be subject to the limitations of liability set forth in this Agreement.

11. COMMUNICATION AND SAFETY RULES

11a. In-App Messaging Requirement

You agree that ALL communications regarding Instructional Events—including scheduling, scoping, curriculum planning, and logistics—must remain on the LumiVillage Platform at all times.

11b. External Communications Risk

LumiVillage utilizes in-app messaging to monitor for predatory behavior, fraud, and unprofessional conduct. If you choose to communicate off-platform (via SMS, WhatsApp, personal email, or social media), you do so at your own risk. LumiVillage is not responsible for any harm, loss, or disputes arising from external communications.

11c. Records

You acknowledge that LumiVillage may review in-app messages to resolve disputes, investigate reports of misconduct, and ensure compliance with this Agreement.

12. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

You are expressly prohibited from posting inappropriate content.

LumiVillage does not tolerate inappropriate content or behavior, whether during a physical lesson or within the Platform. We are committed to a respectful community and do not tolerate misconduct, whether on or off the Platform. We encourage you to report any inappropriate User Content or misconduct (such as unprofessional behavior during a session or “creepy” messaging) by emailing info@lumivillage.com.

We use a combination of automated tools and human reviewers to enforce our rules. Violations may result in consequences ranging from a warning to a permanent ban. If you believe Your Content was removed or your account was banned in error, you may submit an appeal via our support channel.

Manifestly unfounded reports may result in enforcement actions against the reporter. We consider factors such as evidence that a report was motivated by bias, hatred, or malicious intent. Repeatedly submitting false reports will result in a permanent ban from the Platform.

13. TERMINATION AND ACCOUNT DEACTIVATION

13a. Termination by LumiVillage

LumiVillage may, in its sole discretion, for any reason or no reason, with or without notice, and at any time, terminate or suspend your access to the Platform. This includes, but is not limited to, situations where:

You have breached any provision of this Agreement or our Community Guidelines;
You have circumvented the Platform’s payment system;
We believe your actions may cause legal liability for you, other Users, or LumiVillage;
We believe you have engaged in fraudulent, predatory, or unprofessional conduct;
You fail to complete mandatory identity verification or biometric checks.

13b. Effect of Termination

If your account is terminated or suspended, you are strictly prohibited from creating a new account under your name, a fake name, or the name of a third party. LumiVillage is not required to disclose the specific reason for your termination. Upon termination, your right to use the Platform ceases immediately. All provisions of this Agreement which by their nature should survive termination shall survive, including without limitation Ownership, Indemnity, Release of Liability, and Dispute Resolution.

13c. Termination by You

You may terminate this Agreement at any time by ceasing all use of the Platform and deactivating your account within the App settings. Deactivating your account does not relieve you of any obligations to pay for Sessions or Classes already booked or performed.

13d. No Refunds Upon Termination

If LumiVillage terminates your account due to a breach of these Terms (such as Anti-Circumvention or misconduct), you will not be entitled to any refund for unused credits or prepaid sessions, and we reserve the right to withhold any pending payouts to Instructional Providers to cover administrative costs or damages.

14. RIGHTS YOU ARE GRANTED BY LUMIVILLAGE

LumiVillage grants you the right to use and enjoy our Platform, subject to these Terms. For as long as you comply with these Terms, LumiVillage grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Platform for purposes as intended by LumiVillage and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

15. RIGHTS YOU GRANT LUMIVILLAGE

You own all of the content you provide to LumiVillage, but you also grant us the right to use Your Content as provided in this Agreement. By creating an account, you grant to LumiVillage a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. LumiVillage’s license to Your Content shall be non-exclusive, except that LumiVillage’s license shall be exclusive with respect to derivative works created through use of our Platform.

In addition, so that LumiVillage can prevent the use of Your Content outside of our Platform, you authorize LumiVillage to act on your behalf with respect to infringing uses of Your Content taken from our Platform by other users or third parties. This includes the authority, but not the obligation, to send DMCA Takedown Notices on your behalf. In consideration for LumiVillage allowing you to use our Platform, you agree that we, our affiliates, and our third-party partners may place advertising on our Platform. By submitting suggestions or feedback to LumiVillage regarding our Platform, you agree that LumiVillage may use and share such feedback for any purpose without compensating you.

You agree that LumiVillage may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person; or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

16. DIGITAL MILLENNIUM COPYRIGHT ACT

We take copyright infringement very seriously and will remove content that steals from others.

LumiVillage has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any User Content or Our Content infringes upon your intellectual property rights, please submit a “DMCA Takedown Notice” including:

A physical or electronic signature of the rightsholder;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material to be removed and its location on the Platform;
Your contact information;
A statement of good faith belief that the use is unauthorized;
A statement, under penalty of perjury, that the info in your notice is accurate.

DMCA Takedown Notices should be sent to info@lumivillage.com. LumiVillage will terminate the accounts of repeat infringers.

17. CHANGES TO THE AGREEMENT AND THE PLATFORM

17a. Changes to the Agreement

LumiVillage reserves the right to modify, update, or supplement any part of this Agreement (including our Terms of Service, Privacy Policy, Cookies Policy, Community Guidelines and Peace of Mind Pledge) at any time. We will provide notice by posting the updates on the Platform or via email. Your continued use of the Platform after such updates constitutes your consent to the new terms. If a change is material, we will notify you in advance. If you do not agree to the changes, you must stop using the Platform and deactivate your account.

17b. Changes to the Platform

LumiVillage reserves the right to improve, modify, or discontinue any portion of the Platform at any time. We may restrict access to certain features temporarily or permanently. To the extent permitted by law, LumiVillage shall not be liable for any updates, upgrades, or the discontinuance of any part of the Platform.

17c. App Updates

By installing the LumiVillage App, you consent to automatic updates and upgrades. These updates are designed to improve functionality and record usage metrics. You can uninstall the App at any time if you no longer wish to receive these updates.

18. DISCLAIMER

LumiVillage’s Platform is provided “as is” and we do not make representations about the quality of the instruction or the conduct of Users.

LUMIVILLAGE PROVIDES OUR PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. LUMIVILLAGE DOES NOT REPRESENT OR WARRANT THAT (A) OUR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR (B) THAT ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH OUR PLATFORM WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES.

FURTHERMORE, LUMIVILLAGE MAKES NO GUARANTEES AS TO THE ABILITY, TEACHING QUALITY, OR PROFESSIONAL CREDENTIALS OF INSTRUCTIONAL PROVIDERS, NOR THE CONDUCT OF STUDENTS. LUMIVILLAGE ASSUMES NO RESPONSIBILITY FOR ANY CONTENT POSTED OR ACTED UPON THROUGH OUR PLATFORM, NOR FOR THE IDENTITY OR CONDUCT OF ANY USERS WITH WHOM YOU MAY COMMUNICATE ON OR OFF THE PLATFORM. ANY MATERIAL OBTAINED OR SESSIONS ATTENDED THROUGH THE USE OF OUR PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

19. INDEMNITY BY YOU

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless LumiVillage, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Platform, Your Content, your conduct toward other Users (whether online or in-person), or your breach of this Agreement. This includes, but is not limited to, any claims of injury or property damage occurring during an Instructional Event. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

20. RELEASE OF LIABILITY AND LIMITATION OF DAMAGES

20a. Release

Because LumiVillage is not a party to the Service Agreement between Users, you hereby release LumiVillage (and our officers, directors, agents, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between Users.

20b. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMIVILLAGE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM. UNDER NO CIRCUMSTANCES WILL LUMIVILLAGE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT.

21. GOVERNING LAW

You understand and acknowledge that LumiVillage maintains its principal place of business in Berks County, Pennsylvania. You agree that the Platform, this Agreement, and all Disputes, including but not limited to any claims or controversies arising out of or relating to this Agreement or our Platform, shall be deemed to have arisen in Berks County, Pennsylvania and in no other state or county, and that Pennsylvania law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).

The laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Platform, and the Dispute Resolution Process shall be governed by the Federal Arbitration Act. Both parties agree that this choice of law agreement is enforceable and waives the right to have a court conduct a conflicts of law analysis.

22. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

22a. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the LumiVillage Platform (collectively, “Disputes”) shall be determined by binding individual arbitration in Berks County, Pennsylvania. This means you and LumiVillage are waiving the right to a trial by jury.

22b. Informal Resolution Requirement

Before filing any formal claim, you agree to first notify LumiVillage of your dispute in writing at LumiVillage LLC, 33 Oregon Rd, Mohnton, PA 19540. The notice must be personally signed by you. You and LumiVillage agree to attempt to resolve the matter in good faith for 60 days before moving to arbitration.

22c. Class Action Waiver

YOU AND LUMIVILLAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

22d. Arbitration Rules and Selection of Arbitrator

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, if applicable), except as modified by this Agreement. If the AAA is unavailable or unwilling to handle the dispute, the Parties shall mutually agree on an alternative nationally recognized arbitration provider. If the Parties cannot agree, a provider shall be selected by a court of competent jurisdiction. The AAA Rules are available at www.adr.org.

22e. Small Claims Court Option

Notwithstanding the agreement to arbitrate, either you or LumiVillage may assert an individual action in small claims court in Berks County, Pennsylvania, provided that the claim qualifies for that court’s jurisdiction and remains in such court on an individual (non-class, non-representative) basis.

22f. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. However, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LumiVillage will pay as much of the filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for their own attorney’s fees, unless the arbitrator finds that a claim was brought in bad faith or for the purpose of harassment.

23. APP STORE-SOURCED APPS

Your use of the App is also governed by the rules of the store you downloaded it from. If you download the LumiVillage App from the Apple App Store, you agree to comply with Apple’s Licensed Application End User License Agreement. If you download it from the Google Play Store, you agree to comply with the Google Play Terms of Service. These third-party terms are between you and the app store, and you must follow them to use our Platform.