Lumi Terms of Service

Effective November 8, 2024

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The following terms apply to the Lumi app (“Lumi App”), the Lumi website, and the services provided through the app or the website (the “Lumi Service” and, together with the Lumi App “Lumi”) operated and provided to you by Fujitsu Launchpad Limited. (“Launchpad,” “we,” or “us”). Your use of and access to Lumi is subject to the Fujitsu Launchpad Terms of Service (the “Terms of Service”), the Lumi Privacy Policy, as well as the following additional Lumi-specific terms (the “Specific Terms” and together, the “Terms”). 

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These Specific Terms take effect when you download the Lumi App, create an account, and consent to our Terms of Service and these Specific Terms in the process. All capitalized terms used herein but not defined shall have the meaning set forth in the Terms of Service. In the event of a conflict between these Specific Terms and the Terms of Service, these Specific Terms shall control.

If you have any questions regarding Lumi or the Terms, please contact our support team at [email protected] or by submitting a support ticket. 

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Your Account

To create a Lumi account and use the Lumi Service, you must be at least 18 years old (or over the age of majority in your country of residence) and have the legal capacity to enter into legally binding agreements by accepting the Terms or if you are creating an account or using Lumi on behalf of a business or legal entity, you must have the legal authority to agree to the Terms on behalf of such entity. By creating a Lumi account, you represent and warrant that you have reached the age of majority in the country of your residence or that you are authorized to enter into legally binding agreements on behalf of yourself or the business or legal entity. You acknowledge and agree that you have reviewed the Terms, understood all your rights and obligations under the Terms, and consent to be bound by these Terms. If you do not meet these requirements or if you do not understand the Terms, you may not use Lumi. 

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Due to the nature of the Lumi Service, you should only create a Lumi account for your use in your own residence or for your use at the offices or property of a business or legal entity owned or controlled by you (the “Approved Location”). The email address and password you use to log into Lumi should not be shared in any way or with anyone and you cannot create an account using someone else’s name, create multiple accounts, sell, or offer to sell your account, or buy or offer to buy another person’s account.

In accordance with our Terms of Service, we reserve the right to modify the Terms and the Lumi Service at any time without notice and we may also terminate your account and revoke your access to Lumi at any time if you violate our Terms.

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Your use of Lumi

Access to Lumi

Subject to your compliance with the Terms, we grant you a non-exclusive, non-sublicensable right to access and use the Lumi Service by using the Lumi App which is made available for download through the Apple App Store or the Google Play Store. The Lumi Service includes materials that may be provided by us or by third-party licensors which are displayed in the Lumi Service, including texts, graphics, and images. Any use and access to these third-party materials will be subject to the terms and policies of the third-party licensors. 

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System Requirements

In order to use the Lumi Service, you must have a PC321-W-120 Breaker Sensor device (the “Breaker Sensor”) connected to your residence’s main breaker panel by a licensed technician. You certify that the Approved Location’s main breaker panel is safely wired in accordance with relevant safety codes, is located in a place that can be safely accessed and opened, and is free of all safety hazards that would prevent the technician from safely and securely installing the Breaker Sensor. If the technician is unable to safely and securely install the Breaker Sensor, you will not be able to use the Lumi Service. 

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It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Lumi Service may not work as described when the requirements and compatibility have not been met.

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Additionally, since Lumi is an application that allows users to track their electricity consumption, you need to be legally connected to an electric supply with an electricity provider (the “Provider”) at the Approved Location. You are solely responsible for your own costs and expenses incurred in connection with setting up an account with the Provider, connecting an electric supply to the Approved Location as well as payment for any electricity usage.

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The Breaker Sensor is a device that connects and transmits energy usage data from your residence’s main breaker panel to the Lumi App. In order for energy usage data to be transmitted, you are required to have the Lumi App on a supported device and a stable Wi-Fi connection at the Approved Location that can communicate reliably with the Breaker Sensor. You acknowledge and agree that the availability of the Lumi Service is dependent on your mobile device, home Wi-Fi network, Bluetooth connection, and other related equipment as well as your Internet service provider (“ISP”), and your mobile device carrier (“Carrier”). You are responsible for all fees charged by your ISP and Carrier in connection with your use of the Lumi Service as well as compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

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The Lumi Service relies on or interoperates with numerous third-party products and services, including the one identified above. We cannot and do not control the operations or availability of these third-party products and services and issues with third-party products and services may impact the use and reliability of the Lumi Service.

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If you are experiencing any technical difficulties connecting to Lumi or using the Lumi App, please contact our support team at [email protected] or by submitting a support ticket.

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Limitations

We do not guarantee or promise any specific level of energy savings or monetary benefit from the use of Lumi or any of its features. The purpose of Lumi is to provide electricity usage information that is unique to you and your household and suggest an opportunity for you to find ways to save on your energy bills by allowing you to analyze and track your electricity usage. You acknowledge that Lumi and its features do not guarantee actual savings, and you agree that your actual energy savings and monetary benefits will vary and are dependent on your electricity usage, the efficiency of your home appliances and other factors outside of our control and knowledge. 

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Further, you acknowledge that the Lumi Service, including remote access and information, is not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive information at any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE LUMI SERVICE FOR ANY SAFETY OR CRITICAL PURPOSES. INFORMATION FROM LUMI IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

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Intellectual Property Rights

You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in Lumi are owned by Launchpad or our licensors. Your possession, access, and use of Lumi, including the Lumi Service, do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Launchpad and its licensors reserve all rights not granted in our Terms.

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User Data

In accordance with our Terms of Service, we monitor your use of the Lumi Service and collect data in relation to such use. We will own the intellectual property rights in such aggregated data, and you agree that we may use such data as permitted by applicable law, but not in a way that identifies you personally. All unique data collected or generated from Lumi relating to your electricity use is yours (“Customer Data”). You hereby grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use Customer Data and you agree that we may use Customer Data in connection with our operation and provision of Lumi to our users and for other business purposes relating to Lumi, including but not limited to improving the performance and functionality of Lumi, developing new features of Lumi, and analyzing user behavior and engagement with Lumi.

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Feedback

From time to time, you may choose to, or we may invite you to submit comments, suggestions, or feedback about Lumi, including how to improve its services and features (“Feedback”). By submitting Feedback, you agree that your Feedback is given voluntarily, gratuitously, and without any restrictions and we may use, copy, modify, publish, or redistribute Feedback and its contents for any purpose in our sole discretion without any compensation to you. You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to access, display, or otherwise use your Feedback (including all related intellectual property rights).

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Installation and Precaution regarding the Breaker Sensor

The Breaker Sensor is connected to dangerous voltages and improper use or installation can be dangerous or even fatal. ONLY A LICENSED ELECTRICIAN SHOULD INSTALL THE BREAKER SENSOR AND THE BREAKER SENSOR MUST BE INSTALLED IN COMPLIANCE WITH LOCAL ELECTRICAL CODES. YOU SHOULD NOT ATTEMPT TO INSTALL THE BREAKER SENSOR YOURSELF UNLESS YOU ARE A LICENSED ELECTRICIAN. ELECTROCUTION, INCLUDING PERSONAL INJURY OR DEATH, AND DAMAGE OR DESTRUCTION OF PROPERTY COULD OCCUR IF THE BREAKER SENSOR IS INCORRECTLY INSTALLED. Launchpad is not responsible for any injury or damage caused by installation, or improper or unauthorized use. 

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The Breaker Sensor is a device manufactured and sold by OWON Technologies Inc. (“Owon”), a third-party manufacturer, and the installation of the Breaker Sensor will be completed by a third-party electrician (“Electrician”). You acknowledge that Launchpad and Owon/Electrician are not affiliated in any manner, and we have no control over and take no responsibility for the design, manufacture, assembly, and installation of the Breaker Sensor. Further, all warranty, repair, and maintenance requests for the Breaker Sensor should be made to Owon directly and all requests relating to installation-related issues should be made to Electrician directly. 

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The Breaker Sensor should not be exposed to water, direct sunlight, or extremely low or high temperatures. If you believe the Breaker Sensor or any connecting cables may have been damaged, please contact our support team immediately. Do not try to open the Breaker Sensor, touch any internal parts, or try to repair it on your own. 

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YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY INSTALLING THE BREAKER SENSOR TO YOUR MAIN BREAKER BOARD AND THAT YOU ARE LEGALLY PERMITTED TO INSTALL OR CONSENT TO THE INSTALLATION OF THE BREAKER SENSOR. YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE INSTALLATION AND USE OF THE BREAKER SENSOR IS AT YOUR SOLE RISK AND WE WILL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES, OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF INSTALLING AND USING THE BREAKER SENSOR, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY PROPERTY OR EQUIPMENT OR INJURY TO ANY PERSON.

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No Warranty

LUMI IS PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, ACCURACY, COMPLETENESS, PERFORMANCE FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT LUMI (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE COMPATIBLE WITH YOUR ELECTRICAL SYSTEM, HOME NETWORK OR MOBILE DEVICE, (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR (IV) WILL BE ACCURATE OR RELIABLE OR PRODUCE SPECIFIC RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US SHALL CREATE ANY WARRANTY.

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Disclaimer of Liability

IN ADDITION TO THE WARRANTY DISCLAIMERS, WE WILL NOT BE LIABLE FOR PENALTIES OR LIQUIDATED DAMAGES OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROFITS) REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES ARE CHARACTERIZED AS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR IF SUCH LOSSES OR DAMAGES ARE FORESEEABLE. OUR TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE LUMI APP AND THE SERVICES PROVIDED THROUGH THE LUMI APP SHALL NOT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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Indemnity

You agree to indemnify us and our affiliates and our officers, directors, employees, agents, successors, and assigns from and against any and all any damages, liabilities, claims, or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your (i) use of Lumi app, the services provided through the Lumi app, or the Breaker Sensor (ii) your violation of the Terms, or (iii) any violation by you of any laws or rights of a third party. 

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Electronic Communications

You are communicating with us electronically when you use Lumi or send any communication to us through the Lumi App, the Lumi website, or by email to our support team. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you sign up for a Lumi account, we collect and store your email address and we will use your email address to send you information about the Lumi Service and other important communication regarding Lumi. For more information on how we use your personal information, please see our Privacy Policy. 

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Changes to Lumi

We are constantly improving Lumi and may add, modify, or remove features and functionalities at any time in connection with these improvements without prior notice to our users. If we make changes that materially and negatively impact your use of the Lumi Service, we will provide you with reasonably advance notice. Currently, users may use the Lumi Service free of charge as part of the pilot test program but Lumi is a subscription-based service and we will begin charging a fee for the use of Lumi once it is made publicly available for use. In the future, if we decide to change the fee structure, we will provide you with reasonably advance notice of these changes. If you do not wish to accept the changes, you can cancel your account and cease using the Lumi Service before the changes take effect.

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Trademark 

“Lumi”, “Lumi Home”, the “Lumi” logo, and other Lumi-related trademarks and service marks and other logos and products and service names are trademarks of Lumi. You shall not copy, use, or display in any manner such trademarks and service marks without our prior written consent. 

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Changes to Specific Terms

We reserve the right to update these Specific Terms at any time and for any reason in our sole discretion. Any time we make changes to these Specific Terms, we will make the latest version available on our website and in the Lumi App. If we make any material changes to these Specific Terms that may affect your rights and obligations, we will ask you to agree to the updated Specific Terms the next time you open the Lumi App or log in to your account. If you do not agree to the changes, you may cease using Lumi and/or delete your account.

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Support and Questions

If you have any questions regarding these Specific Terms, please contact us at [email protected].

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Governing Law

These Pilot Terms and any matters arising out of or relating to your access to or use of Lumi will be governed and construed in accordance with the laws of the Philippines, regardless of conflict of laws rules. You agree that any dispute, controversy, or claim arising hereunder shall be settled by binding arbitration in accordance with Philippine Dispute Resolution Center, Inc. (PDRRCI) rules in force at the time of the commencement of the arbitration, which rules are deemed to be incorporated by reference into these Pilot Terms. The number of arbitrators shall be one. The place of arbitration shall be Metro Manila, Philippines. The language to be used in the arbitral proceedings shall be English.