Terms of Service

Last updated: 1 March 2025

These Terms of Use (“Terms”) govern your use of Illumanix (“Illuma”, “we”, “us”) products and services including our website – www.illumanix.ai, and our conversational artificial intelligence (“AI”), and any other sites or services that link to us (collectively, the “Services”).

These Terms incorporate by reference our Privacy Policy, as well as any other written policies and documentation that we may provide from time to time. You agree to use our Services in compliance with these Terms.

Your use of our Services in any manner means that you agree to the Terms. Unfortunately, if you do not agree with these Terms, you may not access or use our Services.

TO USE THE SOFTWARE AND THE SERVICE, YOU MUST ACCEPT THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “TERMS”). BY ACCESSING OR USING THE SOFTWARE OR THE SERVICE, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SOFTWARE OR THE SERVICE.

These Terms of Service govern your access to and use of our Software and Services. Please read the Terms of Service carefully. Your use of Illuma Software and Services constitutes a binding contract between You (Referred to herein as “Client” or “Your” and defined in more detail below) and Illuma, and signifies your agreement to be bound by all terms in our Terms of Service. If you disagree with one or more of the Terms of Service, please do not use the Services. These Terms of Service shall govern Your use of the Software and Services, certain rights and obligations concerning User Data that is placed in the Software and Services, and associated Intellectual Property Rights thereto, including the use of a client profile on our websites. 

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS TO RESOLVE ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.

Our Services

Illuma believes that conversational AI will fundamentally reshape the way that we interact and use computers in our everyday lives. As you interact with our Services, we will learn more about how to make this emerging technology ever more helpful, collaborative, and fun to communicate with.

Beta Phase Notice: Illuma is currently in a beta phase, meaning our Services are undergoing testing and refinement. As such, you acknowledge and agree that:

• Our Services may change frequently, and features or functionalities may be added, modified, or removed without prior notice.
• We do not guarantee that our Services will be available at all times, free from      interruptions, or operate without errors.
• Any reliance on our Services is at your own risk, and we encourage users to validate any critical information independently.

Given the early state of this technology, we also acknowledge that there are areas that we will need to continually improve on to make sure that our Services can reach their full potential. As part of that, you acknowledge the following: 

• We  will use the content of your conversations to improve our Services. We will use the content of your conversations as well as other metadata to train our models, improve our Services, and create new Services. Our uses of this data are detailed in our Privacy Policy.
• You must use our Services in accordance with our Acceptable Use policy.  Your access to our Services is conditioned on your agreement to use the Services in accordance with these Terms generally and our Acceptable Use policy (as detailed below in “Acceptable Use”).
• The information you receive from our Services may not be accurate. You recognize that any information you receive from our Services may not be accurate or otherwise trustworthy. Do not rely on this information without fact-checking on your own first or consulting with a professional.  Getting factuality right remains an active area of research for the entire field of conversational AI, and it remains a major priority for the development of Illuma services going forward. Please review the “No Warranties” section below.

Registering for Our Services

You register for our Services by providing us with your name and phone number. In doing so, you agree to provide us with complete and accurate registration information. You may not use a phone number that you do not control, and you may not attempt to impersonate another person in registration. If you are registering for our Services on behalf of an organization, you warrant that you are authorized to agree to these Terms on behalf of the organization.

Responsibility for Security

When using our Services, you acknowledge that you are solely responsible for maintaining the security of your account. As the user of your own account, you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties.

Finally, our Services are not intended for children, that is individuals under the age of 13. If you have reason to believe that a child is using our Services, please let us know immediately by emailing us at support@illumanix.ai and we will seek to revoke access and delete any associated information as quickly as possible.

Acceptable Use

You agree that you will use our Services in accordance with the following rules, as well as any other written policies we may provide from time to time:

• Illegal Use: You must use our Services in compliance with the law. If your use of our Services are limited by the laws applicable to you, you are not authorized to use our Services for that purpose.
• Harmful Uses: You may not use or attempt to use our Services to generate harmful content. Such content includes material that may lead to serious harm to yourself or others, content relating to unethical behavior, or content that may spread misinformation. This policy also bars attempts to use the Services to create content to be fraudulently represented as human-generated.
• Abusive Content: You may not use or attempt to use our Services to generate hateful or discriminatory content, sexually explicit content, descriptions of graphic violence, or other types of shocking material.
• Infringing Rights: You may not use or attempt to use our Services to infringe or      violate the rights of others, including violations of the privacy of others. This includes queries to surface the personal information of individuals, including phone numbers, addresses, and other similar sensitive data.
• Security: You may not attempt to engage with our Services in an effort to disable, disrupt, or otherwise subvert the security of our Services. This includes attempts to bypass or disable any content moderation and safety measures implemented within our Services.
• Reverse Engineering: You may not use or attempt to use our Services to reverse      engineer, decompile, or otherwise attempt to obtain the underlying models, algorithms, or source code of the Services. You may not engage in this or any other activities with regards to our Services to build products that may be competitive with Illuma.
• Scraping: You may not scrape or attempt to “crawl” or “spider” any page, data, or      portion of our Services, either via manual or automated means.

Content

You will input text and other forms of media (“Content”) during your use of our Services. You agree that you shall not input any Content that is not owned by you unless you have prior written consent from the relevant rightsholder of that Content. 

You will own the Content, however, you agree to provide a royalty-free, perpetual, irrevocable, and worldwide license to Illuma to the Content for the following limited purposes:

• Operating the Services: You grant Illuma a license to use, reproduce, modify, or      otherwise act on the Content to enable the provision and maintenance of the Services. This includes uses to comply with applicable laws, enable the provision of our Services across channels and platforms, ensure user safety and security, and enforce our policies.
• Improving the Services: You grant Illuma a license to use the Content to improve our Services and develop new Services. This license shall permit uses including but not limited to analysis of the content of conversations to understand opportunities for new features, the use of Content for model training and fine-tuning, and evaluating the performance of our existing Services.

This license should be read alongside our Privacy Policy, which details how we use the Content and manage it internally. Please review it carefully.

Intellectual Property

• Illuma Intellectual Property: These Terms do not provide you with any right, title, or interest in our Services, our trademarks, or other intellectual property of Illuma.
• Feedback: We welcome any and all feedback, ideas for improvement, product proposals,      and other suggestions. However, if you provide this to us, you recognize that we may use this without restriction and without any further notice or compensation to you.
• Copyright Notices: If you believe that your copyright has been infringed by something on our Services, you can send us a DMCA compliant copyright notice by sending an email to support@illumanix.ai. On receipt of a compliant notice, we shall work to promptly remove or disable material identified as infringing. Please include the following information in your notice:
  • A description of the work or works you claim have been infringed;
  • A description of the content on our Services you claim to be infringing;
  • Your contact information, including mailing address, telephone number, and       email address;
  • Your statement confirming a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Your signature

Telephonic Communications Services and Right to Opt-Out of Communications

By using the Services and providing us with your telephone number(s), you are consenting to be contacted by Illuma by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Illuma. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Illuma for marketing or solicitation purposes to purchase any Illuma products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Illuma of your desire to Opt-Out by emailing Illuma at privacy@illumanix.ai. In the event you change or deactivate your telephone number, you agree to promptly update your Illuma account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Message frequency may vary. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan. Carriers are not liable for delayed or undelivered messages.

By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. You can also get help directly at support@illumanix.ai. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation. Please note that if you text “STOP”, this may prevent us from sending one-time codes to your phone and may limit your experience. If you would like to allow these codes but disable all other messages, reply with “PAUSE” to any message sent from us.

If you have any questions regarding privacy, please read our Privacy Policy or email us at: privacy@illumanix.ai.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL ILLUMA BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ILLUMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ILLUMA MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Third Party Services and Websites

The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (hereinafter referred to as “Third-Party Services”). Your access and use of any Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such Third-Party Services, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Illuma is not responsible for acts of omissions of third-party services. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy.

Illuma has no control over and is not responsible for such third-party services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Illuma, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Illuma enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Illuma will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Interruption of Service and Termination of Your Account

Illuma may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. In suing our services, you acknowledge that Illuma is free to terminate or suspend access to your use of our Services at any time and for any reason at our discretion. Reasons for termination may include our determination that you have violated these Terms, where we determine it is necessary to ensure user safety, for legal compliance reasons, or where we believe it necessary to protect the rights or property of Illuma.

You may also request a deletion of our account by contacting support@illumanix.ai. Please be advised that for security and privacy reasons we may request information to verify your entity to process these requests.

You agree that provisions of these Terms pertaining to indemnification, limitations of liability, intellectual property, dispute and arbitration, and any other terms that - by their nature - should survive termination of the Terms, shall survive.

Changes to the Services

 Artificial intelligence is a fast-moving field, and Illuma is continually working to make our Services better for our users. This means that our Services can and will change over time. Illuma may augment, modify, discontinue, or suspend any part of our Services at any time. We will work to provide advance notice to you where appropriate, but you acknowledge that this may not always be possible. 

Changes to These Terms

Illuma reserves the right to amend these Terms at any time for any reason. We will provide notice of these changes by updating this page with the revised Terms and updating the effective date. If changes to these Terms are material, we will provide at least 30 days' notice before they take effect.

No other amendments to the Terms shall be effective unless in writing and signed by you and a representative of Illuma.

The use of any of our Services after such an amendment to the Terms shall be considered an acceptance of all changes to the Terms. If you do not agree with the revised Terms, you must immediately cease any use of our Services.

Miscellaneous Terms

• Violations: Illuma reserves the sole discretion to determine whether or not a user is in violation of any of the provisions of these Terms, including but not limited to, acceptable use of terms as described above.
• Limitation of Liability: IN NO EVENT SHALL ILLUMA OR ANY OF ITS DIRECTORS,      OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL,      INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY      DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SOFTWARE, THE WEBSITES, THE SERVERS, YOUR CLIENT PROFILE (INCLUDING ITS  TERMINATION OR SUSPENSION) OR THESE TERMS OF SERVICE, WHETHER OR NOT YOU MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND      NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL ILLUMA’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE  HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the      foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to You. 

• Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify      and hold Illuma, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of our Services (including any actions taken by a third party      using your account), and (b) your violation of these Terms.
• Disclaimer of Express and Implied Warranties: ILLUMA PROVIDES THE SERVICE,      INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, THE APPLICATIONS, AND YOUR CLIENT PROFILE, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT,      MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER      EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT.  NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, ILLUMA AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR CLIENT PROFILE RESIDING ON ILLUMA’S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.
• Class Action Waiver: ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS      ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS,      CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.
• Disclaimer of Warranties as to Use Outside the United States: Illuma is a United States-based service. We make no warranty or representation that any aspect of the Service is appropriate for use outside of the United States or may be used for persons who are then located outside the United States. This includes You, and any other Client(s) whose profile(s) You may manage. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Software is subject to applicable export laws and restrictions. Illuma bears no liability or responsibility in connection with Clients who access the Client Portal from any country outside the United States.
• Assignment:  You may not assign or delegate any rights or obligations under these      Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a      corporate reorganization.
• Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of Texas, with venue in Collin County, Texas for both federal and state law matters. 
• Dispute Resolution and Arbitration: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Collin County, Texas, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc.(“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract      disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case      may be. Notwithstanding the foregoing, you and Illuma shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator, subject to the choice of law provision of Collin County, Texas.
• Jurisdiction and Venue: For all purposes of these Terms, you consent to exclusive      jurisdiction and venue in the state or federal courts located in, respectively, Collin County, Texas, or the Northern District of Texas. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees.
• No Joint Venture or Beneficiaries: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Illuma, and you do not have any authority of any kind to bind us in any respect whatsoever. There are also no third-party beneficiaries intended under these Terms.
• Waiver: the failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
• Notices:  Notices under these Terms shall be provided to you under the information      provided to Illuma when you registered your account. Notices to Illuma may be provided by sending a message to support@illumanix.ai or privacy@illumanix.ai. Notice shall be considered effective as of the date of receipt.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
• Entire Agreement: You agree that these Terms are the complete and exclusive      statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.