Terms of Service

Last updated on June 15, 2026

OVERVIEW 

Welcome to Lumina by EmberWorks! The terms "Lumina by EmberWorks", "EmberWorks", "Lumina", "Lumina Link", "we", "us" and "our" refer to EmberWorks LLC. EmberWorks LLC operates this store, website, and the Lumina Link mobile application (the "App"), including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping and connectivity experience (the "Services"). Lumina by EmberWorks is powered by Shopify, which enables us to provide portions of the Services to you.

These Terms of Service apply to all aspects of the Services, including the Lumina Link app available on iOS and Android platforms. Additional terms specific to the App are set out in Section 6.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By downloading, installing, accessing, or using the Lumina Link app, Lumina website, or any other part of our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores, using the Lumina Link app, or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS 

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS 

When you place an order, you are making an offer to purchase. EmberWorks LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until EmberWorks LLC confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as EmberWorks LLC may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY 

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - LUMINA LINK APP

The Lumina Link mobile application ("Lumina Link" or the "App") is available on iOS and Android platforms and is offered by EmberWorks LLC as part of the Services. Your download, installation, and use of Lumina Link is subject to these Terms of Service in their entirety, as well as the additional terms set forth in this Section 6, which address features and obligations specific to the App.

 

6.1 App Store Platforms and Third-Party Terms

The App is made available through the Apple App Store and Google Play Store (each, an "App Store"). Your download and use of the App is also subject to the terms and conditions of the applicable App Store. In the event of any conflict between these Terms and the App Store terms, these Terms govern your relationship with EmberWorks LLC, and the App Store terms govern your relationship with the applicable App Store provider.

You acknowledge that: (i) these Terms are between you and EmberWorks LLC only, and not with Apple Inc. or Google LLC; (ii) Apple Inc. and Google LLC are not responsible for the App or its content; (iii) Apple Inc. and Google LLC have no obligation to provide maintenance or support services for the App; and (iv) Apple Inc. and Google LLC are third-party beneficiaries of these Terms with the right to enforce them against you.

 

6.2 App License

Subject to your compliance with these Terms, EmberWorks LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial purposes. You may not: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or attempt to extract the source code of the App; (c) sell, resell, sublicense, or otherwise transfer your rights in the App to any third party; or (d) remove or alter any proprietary notices in the App.

 

6.3 Minimum Age and Children

The Lumina Link app is intended for users who are 13 years of age or older. By creating an account or using the App, you represent that you are at least 13 years old. We do not knowingly collect personal information from children under the age of 13. If we become aware that a user under 13 has provided personal information to us, we will take steps to delete such information and terminate the associated account. If you believe a child under 13 has registered for the App, please contact us at info@ember-works.com.

Users between the ages of 13 and 17 may only use the App with the consent of a parent or legal guardian who agrees to be bound by these Terms on the minor's behalf. Some App features, including certain social features and location services, may have higher minimum age requirements under applicable law.

 

6.4 User Profiles and Social Features

The App allows you to create a user profile and interact with other users through social features such as messaging, contact lists, and shared communications. You are solely responsible for your profile information and all activity conducted through your account. You agree that your profile will not contain false, misleading, or impersonating information, and that you will not create a profile on behalf of another person without their express consent.

You agree not to use the social features of the App to: (a) harass, bully, intimidate, or threaten other users; (b) share content that is unlawful, offensive, defamatory, or in violation of any third-party rights; (c) impersonate any person or entity; (d) solicit personal information from other users, particularly minors; or (e) engage in any activity that disrupts or interferes with other users' enjoyment of the App. We reserve the right, but have no obligation, to monitor interactions between users and to remove any content or suspend any account that we determine, in our sole discretion, violates these Terms.

 

6.5 User-Generated Content

The App may allow you to submit, post, transmit, or otherwise make available content such as messages, photos, profile information, and other materials ("User Content"). You retain ownership of any intellectual property rights you hold in your User Content. By submitting User Content through the App, you grant EmberWorks LLC a non-exclusive, worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display your User Content solely to the extent necessary to operate and provide the Services.

 

You represent and warrant that: (i) you own or have the necessary rights to your User Content and to grant the license above; (ii) your User Content does not infringe any third-party intellectual property, privacy, or other rights; and (iii) your User Content complies with these Terms and all applicable laws. We reserve the right to remove User Content that violates these Terms or that we determine, in our sole discretion, is otherwise objectionable, without prior notice.

 

6.6 Location Services

Lumina Link may request access to your device's location data to provide location-based features, including but not limited to proximity-based messaging, contact discovery, and network signal optimization. Location access is optional and requires your explicit permission through your device's operating system settings.

By enabling location services for the App, you consent to EmberWorks LLC collecting, processing, and using your location data to provide and improve the App's features. Location data may be transmitted to our servers and, where necessary, to third-party service providers who assist us in operating the App, subject to our Privacy Policy. You may withdraw your consent to location access at any time by disabling location permissions in your device settings; however, doing so may limit the availability or functionality of certain App features. We do not sell your location data to third parties for advertising purposes.

 

6.7 Push Notifications

The App may request permission to send push notifications to your device, including alerts about messages, connection requests, App updates, and promotional communications. Push notification permissions are optional and require your explicit consent through your device's operating system.

You may opt out of push notifications at any time by adjusting your notification settings within the App or through your device's operating system settings. Opting out of certain notifications (such as security alerts or message notifications) may affect your experience and your ability to use certain features of the App. We are not responsible for any delay or failure in delivering push notifications due to your device settings, carrier restrictions, or other factors outside our control.

 

6.8 In-App Purchases and Auto-Renewing Subscriptions

The App offers optional in-app purchases, including auto-renewing subscription plans that provide access to premium features. All in-app purchases are processed through the applicable App Store (Apple App Store or Google Play Store) and are subject to that App Store's payment terms and refund policies. EmberWorks LLC does not process in-app payments directly and cannot issue refunds for in-app purchases; all refund requests for in-app purchases must be directed to the applicable App Store.

Subscriptions automatically renew at the end of each subscription period at the then-current subscription price unless you cancel at least 24 hours before the renewal date. Subscription fees are charged to your App Store account upon confirmation of purchase and at the start of each renewal period. You may manage or cancel your subscription at any time through your App Store account settings. Cancellation takes effect at the end of the current billing period; you will continue to have access to premium features through the end of the paid period and will not receive a prorated refund for unused time, except where required by applicable law.

Free trials, where offered, will automatically convert to paid subscriptions at the end of the trial period unless cancelled beforehand. EmberWorks LLC reserves the right to modify, discontinue, or change the pricing of any in-app purchase or subscription at any time, with advance notice provided in accordance with Section 24 of these Terms.

 

6.9 Subscription Plans and Advertising

Lumina Link is offered under various subscription tiers. Users on Basic subscription plans acknowledge and agree that the App may display third-party advertisements during use. Paid or premium subscription tiers may offer an ad-free experience; please refer to the current plan descriptions within the App for details. EmberWorks LLC reserves the right to modify advertising practices across subscription tiers at any time, with notice provided in accordance with Section 24 of these Terms.

 

6.10 Message Throttling

To ensure network stability and equitable access for all users, messages sent through Lumina Link may be subject to throttling, rate limiting, or queuing. Users on Basic subscription plans may experience reduced message throughput or delivery delays compared to users on higher-tier plans. We reserve the right to implement, modify, or remove throttling policies at any time.

 

6.11 Non-Transferability of Subscriptions

Basic subscription plans and Early Adopter plans or pricing are personal to the account holder and are non-transferable. You may not share, sell, gift, assign, or otherwise transfer your Basic or Early Adopter subscription, associated benefits, or pricing to any other person or entity. Any attempt to do so is void and may result in termination of your account.

 

6.12 Device Restrictions

Lumina Link accounts are tied to the registered user and are not transferable between devices except as expressly permitted within the App settings. You may use the App on a reasonable number of personal devices as permitted by the App; however, account sharing with other individuals is not permitted. Unauthorized use of your account on an unregistered or unauthorized device may result in suspension or termination of access. You are responsible for ensuring your device meets the minimum system requirements for use of the App.

 

6.13 Emergency Services Disclaimer

LUMINA LINK IS NOT A SUBSTITUTE FOR TRADITIONAL TELEPHONE SERVICES AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY SERVICE CALLS. USE OF THE SOS FEATURE WITHIN THE APP DOES NOT CONTACT EMERGENCY SERVICES (SUCH AS 911, 999, OR ANY LOCAL EQUIVALENT), LAW ENFORCEMENT, MEDICAL SERVICES, OR ANY OTHER EMERGENCY RESPONSE AGENCY. YOU SHOULD ALWAYS HAVE ALTERNATIVE MEANS OF CONTACTING EMERGENCY SERVICES. EMBERWORKS LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR FAILURE TO REACH EMERGENCY SERVICES THROUGH THE APP.

6.14 Public Spectrum and Message Delivery

Lumina Link utilizes public radio frequency spectrum for certain communication features. As a result, message delivery is not guaranteed. Messages may be dropped, delayed, or fail to transmit due to interference, congestion, signal conditions, geographic limitations, or other factors inherent to the use of public spectrum. EmberWorks LLC makes no warranty that messages sent through Lumina Link will be received by the intended recipient in a timely manner or at all.

6.15 Frequency Regulations and Geographic Restrictions

Lumina Link may use radio frequencies that are regulated or restricted in certain countries, regions, or jurisdictions. You are solely responsible for ensuring that your use of Lumina Link complies with all applicable local, national, and international laws and regulations governing radio frequency use. You must not use Lumina Link in any location where its radio frequency features are prohibited or restricted by law. EmberWorks LLC assumes no liability for your use of the App in jurisdictions where such use is not permitted.

6.16 Data Collection and Transmission

In connection with your use of the Lumina Link app, EmberWorks LLC and its service providers may collect, store, and process certain information from your device, including but not limited to: account registration information; device identifiers and operating system information; usage data and App analytics; location data (if enabled); message metadata; and profile information you provide. This information may be transmitted to EmberWorks LLC servers and to third-party service providers located in the United States or other jurisdictions for the purpose of operating, securing, and improving the App.

All data collection and processing is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you acknowledge and consent to the collection, storage, and processing of your information as described in our Privacy Policy. Where required by applicable law, we will obtain your separate consent before collecting certain categories of sensitive data. You may have rights under applicable privacy laws to access, correct, or delete your personal data; please refer to our Privacy Policy for details on how to exercise these rights.

6.17 App Updates and Compatibility

EmberWorks LLC may from time to time release updates, patches, or new versions of the App. You agree to install updates promptly as they become available. Failure to install updates may result in reduced functionality, security vulnerabilities, or loss of access to certain features. We do not guarantee that any particular version of the App will remain available or compatible with your device or operating system. We reserve the right to discontinue support for older versions of the App at any time and without notice.

We are not responsible for any issues arising from your use of an outdated version of the App, or from any incompatibility between the App and your device hardware, operating system, or any third-party software.

6.18 Beta Features

The App may from time to time include features designated as "beta", "preview", "experimental", or similar ("Beta Features"). Beta Features are provided for testing and evaluation purposes and may be unstable, incomplete, or subject to change without notice. EmberWorks LLC makes no warranty with respect to Beta Features and expressly disclaims all liability for any issues, data loss, or damages arising from your use of Beta Features. We reserve the right to modify, suspend, or discontinue any Beta Feature at any time without notice or liability.

6.19 Changes to App Pricing and Subscriptions

Lumina Link subscription pricing, plan features, and available tiers are subject to change from time to time at EmberWorks LLC's sole discretion. We will provide advance notice of material changes to pricing or subscription terms in accordance with applicable law and Section 24 of these Terms. Your continued use of the App following any such change constitutes your acceptance of the updated pricing or subscription terms. If you do not agree to a pricing or subscription change, you must cancel your subscription before the change takes effect.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by EmberWorks LLC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of EmberWorks LLC, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by EmberWorks LLC.

Lumina by EmberWorks's names, logos, product and service names, designs, and slogans are trademarks of EmberWorks LLC or its affiliates or licensors. You must not use such trademarks without the prior written permission of EmberWorks LLC. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS 

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY 

Lumina by EmberWorks is powered by Shopify, which enables us to provide portions of the Services to you. However, any sales and purchases you make in our Store are made directly with EmberWorks LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and EmberWorks LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with EmberWorks LLC.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services, including through the Lumina Link app, is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the website Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of those Services in order to provide and improve them for you. Information you submit to the Services may be transmitted to and shared with Shopify, EmberWorks LLC's service providers, and other third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for full details on how we, Shopify, and our partners use your personal information.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm EmberWorks LLC, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Upon termination of your account, your license to use the App will automatically terminate and you must delete the App from all your devices.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES 

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY EMBERWORKS LLC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES, INCLUDING THE LUMINA LINK APP, ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL EMBERWORKS LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless EmberWorks LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services, including the Lumina Link app.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where EmberWorks LLC is headquartered, without regard to conflict of law principles. You and EmberWorks LLC consent to venue and personal jurisdiction in the federal and state or territorial courts of that jurisdiction.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page and within the Lumina Link app.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website and/or the App. It is your responsibility to check periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, including via in-app notification where practicable, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@ember-works.com. 
Our contact information is posted below:

EmberWorks LLC 
info@ember-works.com
345 California St, Suite 600
San Francisco, CA 94104
United States