Effective as of MAY , 2021
PLEASE READ THESE TERMS CAREFULLY
The LUMI Platform and LUMI Service shall be referred to together as the “Service” The Service is operated by ROLI Ltd. ("we/us/our/ROLI").
Note: The sale of our ROLI hardware products are governed by our General Terms of Sale here.
Table of Contents
Who can use the Service?
Your LUMI Complete Subscription Terms
Right to use the Service
Disclaimer of Warranty; Limitation of our Liability
Your Data and Privacy
Governing Law and Jurisdiction
1. Who can use the Service?
a) Eligibility and Age limitations. By registering for an account or otherwise using the Services, you represent that (i) you are at least 16 years of age, or (ii) if you are 13 years or under, you have parent or guardian consent and your parent or legal guardian has reviewed and agreed to this Agreement on your behalf. You accept full responsibility for any unauthorised use of the Services by minors in connection with your account.
2. Your LUMI Complete Subscription Terms
b) Free trials. Your Subscription may begin with a fourteen (14) day free trial. We will require you to provide your payment details to start the Trial. By providing such details, you agree that we may automatically begin charging you for the LUMI Membership subscription on the first day following the end of the Trial on a recurring annual basis or another interval that we disclose to you in advance. You can cancel your LUMI Membership at any time before the end of your free trial. IF YOU DO NOT WANT TO INCUR THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL
c) Cooling offs. If you sign up for a Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the "Cooling-off Period") in accordance with the following: If you sign up for a Trial, you agree that the Cooling-off Period for the paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the paid Subscription before the Trial ends, you lose your right of withdrawal and authorize ROLI to automatically charge you the agreed price until you cancel the paid Subscription.
d) Renewal. Your Subscription will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period, after the Cooling-off Period is over (where applicable), or (2) before the end of the current Subscription period, we will not refund any Subscription fees already paid to us.
e) Cancellation. You may cancel your Subscription anytime before activating it. Once fourteen (14) days have passed from the activation date, you may not cancel it unless there is a fault or system incompatibility that cannot be resolved within ninety (90) days of the purchase date. Cancellation will only take effect at the end of your current billing period (or end of your free trial) and you will still be able to access the service until then. We do not refund or provide credit for partially used billing periods.
f) Payment Details. Please note that we use the third party payment processor Stripe (https://stripe.com/gb) to process card payments. ROLI does not store or process any card details on its own servers. Stripe will store the card details used to pay the Subscription fees and will use those same card details to automatically take payment for any Subscription fees in respect of each Renewal Period. You are responsible for keeping your payment details up-to-date and authorise us to continue to charge your card using the updated information. If a payment is not successfully authorised due to expiration, insufficient funds, or otherwise, we may suspend or terminate your Subscription by giving you notice.
g) Codes, Gift Cards, and Other Prepaid Products. If you have purchased or received a code, a gift card, or other pre-paid product enabling you to access Paid Content of the Services (“Code”), your order will automatically terminate at the end of the period specified in the Code. Supplemental terms and conditions provided in connection with the Code may apply to the use of the Services. In case of conflict between this Agreement and such supplemental terms, the supplemental terms shall prevail.
For further detailed information about ROLI’s Return and Transfer Policy, please visit here
3. Right to use the Service
a) Rights we give to you. Our Services and their content are the property of ROLI or its licensors. Subject to certain limitations as described herein, you are granted the right to use the Service, as well as access and use applications, music, videos, pictures, instructional or other material or content available through the Service (collectively, “Service Content”).
b) License to the Service. Subject to your acceptance of these Terms and your continued compliance with them and the Agreement, ROLI grants you a Limited, non-exclusive, non-transferable, and non-sublicensable license to use the Services and related software and any Service Content, strictly for your personal, non-commercial use. The Services and Service Content are licensed, not sold or transferred to you. Any software copies, content or other material of the Services including Service Content, will remain the property of ROLI and its licensors even after they are downloaded or installed on your device. c) License Restrictions. You may not use the Service, Service Content or any part thereof in any way that is not expressly permitted by the Agreement. You may not use this Service in any unlawful manner or for any unlawful purposes. You further agree that you will not, and will not attempt to, copy, modify, share or transfer any part of the Services or the content thereof unless specifically permitted by ROLI.
d) Notice and Takedown. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent of one, and you believe that any Content on the Platform infringes your copyrights, you may submit a notification to our Designated Copyright Agent. More information on submitting a notice can be found here.
e) Ownership. ROLI does not grant you any ownership rights in the Service or Service Content. All rights, title and interest in and to the Service (including without limitation any graphics, images; audio and/or video; designs; concepts and methods of operation; themes; logos; domain names; trade names and trademarks; any other copyrightable material; the “look and feel” of the Service; the compilation, assembly and arrangement of the materials of the Service; and all other Service Content and applications) are owned, controlled, or licensed by ROLI and are protected from unauthorized use, copying, and dissemination including without limitation by copyright, Trademark, patent, trade secret publicity, and other laws, rules, regulations, and international treaties.
4. Disclaimer of Warranty; Limitation of our Liability
We do not guarantee that the Service will be secure or free from bugs, viruses, errors, or that defects will be corrected. You are responsible for configuring your information technology, computer programmes and platform in order to access our Service. You should use your own virus protection software.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ROLI PLATFORM, INCLUDING THE SOFTWARE, SERVICES AND ROLI CONTENT, AND ANY MATERIALS OR OTHER PRODUCTS PROVIDED BY OR ON BEHALF OF ROLI PURSUANT TO THIS AGREEMENT ARE PROVIDED "AS IS" AND ROLI AND ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INTEGRATION, THE QUALITY OF THE ROLI PLATFORM OR ANY ASSOCIATED PRODUCTS OR SERVICES, ROLI CONTENT, THIRD PARTY CONTENT, CONTENT, TIMELINESS, OR NON-INTERRUPTION. ROLI, ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOU OR YOUR BUSINESS, YOUR ACCOUNT, YOUR RELIANCE ON THE SERVICE, INCLUDING THE SOFTWARE, YOUR CONTENT, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE SERVICE, SOFTWARE, OR THIRD PARTY SERVICES FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any ROLI hardware products, which will be set out in our General Terms of Sale here.
You hereby agree to indemnify, defend and hold harmless, ROLI, and our successors, assigns, affiliates, agents, directors, officers, employees, shareholders, licensors, and service providers from and against any and all claims, obligations, damages, liabilities, losses, expenses, and costs, including reasonable legal fees, resulting from:
i. any breach by you of these Terms; ii. Your Content; or iii. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of us.
6. Force Majeure
ROLI shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ROLI, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ROLI’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
7. Your Data and Privacy
8. Governing Law and Jurisdiction
If a dispute arises between you and ROLI, we strongly encourage you to first contact us directly via our support page and seek resolution.
8.1 If you are a UK, EU, EEA or Swiss citizen or registered business, these Terms shall be governed by the laws of England and Wales without regard to its conflict of law rules and you consent to the exclusive jurisdiction of the courts located in London, UK.
8.2 If you are a US citizen or registered business, these Terms shall be governed by the laws of New York without regard to its conflict of laws and you consent to the exclusive jurisdiction of the state and federal courts located in New York County.
8.3 If you live outside of or are a registered business outside of the US, UK and EU, EEA or Switzerland, you agree to the laws and jurisdiction of New York as noted above in section 8.2.
9. Contact Us
If you have any questions concerning the Service or the Agreement, please visit our support page.
Thank you for reading our Terms. We hope you enjoy LUMI!