Terms of service

WELCOME

Welcome to Luminary Vitamins©, a dietary supplement subscription program provided by Luminary Vitamins, LLC. (“Luminary Vitamins”) that utilizes information and data to personalize and deliver dietary supplements that are tailored to your personal pregnancy journey. Our services include a subscription to dietary supplements, access to luminaryvitamins.com (“Website”) and mobile application (the “Application”, and collectively, with the Website, and all services provided through the Website and Applications, including the subscription program described above, the “Service” or the “ Services”).

Your compliance with these Terms of Use / Online Privacy (“Terms of Use”) is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site.


TERMS OF USE

YOUR PERSONAL INFORMATION. Your privacy is important to us. You will need to create and use a personal password to access and use the Website. The Website will store your personal information from multiple data sources (including, for example, a third-party payment processor). a. Your Account and Access to the Website. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer. You agree not to share or disclose your password to any third party. You agree that you are fully responsible for all activity occurring in your account or by any use of your password. The Website reserves the right to refuse access, service, terminate accounts, remove or edit content in its discretion. You understand that you are financially responsible for all uses of the online Website and Services by you and those inappropriately using your password information. You acknowledge that your access to the Services may be revoked at any time with or without cause.

PROHIBITED ACTS. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, Services or any element thereof, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other materials (including images, text, page layout or form) of Luminary Vitamins; (c) you shall not use any metatags using Luminary Vitamins’ name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any software, devices or other processes to “scrape” or download data from any web pages contained on the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Website or Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services, and (i) you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Website, use of the Services, or access to the Services. Any future release, update or other addition to the Website Services shall be subject to the Terms. Luminary Vitamins, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by Luminary Vitamins pursuant to the Terms.Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.

ACCURACY AND INTEGRITY OF INFORMATION. Although Luminary Vitamins attempts to ensure the integrity and accurateness of the Website, it makes no representations, warranties or guarantees as to the correctness or accuracy of the content. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please email help@luminaryvitamins.com so that it can be corrected. Information contained on the Website may be changed or updated without notice.

ONLINE TRANSACTIONS – PAYMENT OF BILLS

Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due. You must provide credit card payment information (“Payment Provider”) to a third-party payment processor used by Luminary Vitamins, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities regarding payment. By providing your payment information, you authorize Luminary Vitamins to charge your Payment Provider for all fees, including applicable taxes to your purchase of Service and opt-in services associated with the Service if you ordered them and that no additional notice or consent is required. You agree to immediately notify Luminary Vitamins of any change in your billing address or the credit card used for payment hereunder. Luminary Vitamins reserves the right at any time to change its prices and billing methods.

Automatic Renewal

Subscriptions Without an Oura Ring. Your subscription will automatically commence on the first day following the end of such period and continue for an additional equivalent period, at Luminary Vitamins’ then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription. You may cancel at any time by notifying us in writing by sending an email to no later than fifteen (15) business days before your next package is shipped, and the cancellation will take effect for the following month. If you cancel after your next shipment has been prepared or shipped, you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription. Upon renewal of your subscription, if Luminary Vitamins does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Luminary Vitamins may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL SALES AND CHARGES ARE FINAL AND NON-REFUNDABLE. NO RETURNS OR REFUNDS WILL BE GRANTED FOR SUBSCRIPTION SERVICES.

Subscriptions Including an Oura Ring. By subscribing to the Luminary Vitamins nutrient gummy program that includes an Oura Ring as part of your onboarding package, you agree to a minimum subscription commitment period of twelve (12) consecutive months. This commitment is required due to the upfront cost and delivery of the Oura Ring and any associated services. You may cancel your subscription within the first thirty (30) calendar days of your initial subscription date without incurring a cancellation fee or being held responsible for any remaining payments related to the cost of the Oura Ring and its services. However, the Oura Ring must be returned in its original condition, and you must contact help@luminaryvitamins.com within the 30-day period to initiate the return. Once the return label is provided, you must ship the Oura Ring back within fourteen (14) calendar days. Failure to return the ring, or returning it late, damaged, or incomplete, may result in applicable cancellation fees or the forfeiture of eligibility for a penalty-free cancellation. In such cases, the same cancellation fee and financial responsibility terms outlined for post–30-day cancellations will apply. If you elect to cancel your subscription after the initial 30-day period but before completing the 12-month term, the Oura Ring is no longer eligible for return. In such cases, Luminary Vitamins reserves the right to charge an early cancellation fee. You will also remain financially responsible for any unpaid monthly payments attributable to the cost of the Oura Ring and its subscription. The exact amount of the cancellation fee and any outstanding balance will be calculated based on the remaining time left in the commitment period and the amortized value of the Oura Ring, and will be charged as a one-time payment. This policy is in place to ensure fair use and recovery of product and service costs provided in advance.

THIRD PARTIES AND EXTERNAL WEBSITES

Content. Third party health care providers, payers, publishers and distributors may own or make available parts of the content found on the Website. Luminary Vitamins is not responsible for their content or the privacy practices of the third parties. Any questions, complaints, or claims related to any such information, services or products should be directed to the appropriate third party.

Links and Third-Party Websites. Luminary Vitamins makes no representations whatsoever about any other website that you may access through the Website. When you access a non- Luminary Vitamins site, please be advised that it is independent and separate from the Website, and that Luminary Vitamins has no control over the content on that website. In addition, a link to a non- Luminary Vitamins website does not mean that Luminary Vitamins endorses or accepts any responsibility for the content, or the use, of the linked site. Luminary Vitamins will not be responsible for the information contained in any third-party website or for your use of or inability to use such website. Access to any third-party website is at your own risk, and you acknowledge and understand that a linked third-party website may contain terms and privacy policies that are different from Luminary Vitamin’s.

DISCLAIMER OF WARRANTIES AND CONDITIONS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LUMINARY VITAMINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. LUMINARY VITAMINS DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, INTERPRETABLE OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, LUMINARY VITAMINS MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SUBSCRIPTION SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. LUMINARY VITAMINS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE LUMINARY VITAMINS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, LUMINARY VITAMINS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE LUMINARY VITAMINS SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. LUMINARY VITAMINS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LUMINARY VITAMINS OR THROUGH THE LUMINARY VITAMINS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

MEDICAL DISCLAIMERS. THE WEBSITE, APPLICATION, AND SERVICES DO NOT PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL CONDITIONS. ALTHOUGH EVERY EFFORT IS MADE TO ASSURE THAT INFORMATION ON THE WEBSITE AND APPLICATION AND OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCURATE AND CURRENT, KNOWLEDGE IN THESE FIELDS IS GROWING RAPIDLY AND ALL DATA IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROFESSIONAL FOR SPECIFIC ADVICE RELATING TO YOUR MEDICAL QUESTIONS OR CONDITIONS. NONE OF THE INFORMATION, STATEMENTS AND/OR LINKS CONTAINED ON THE WEBSITE OR APPLICATION ARE INTENDED TO REPLACE THE ATTENTION OR MEDICAL INSTRUCTIONS FROM A HEALTH CARE PROFESSIONAL. ONLY YOUR PRACTITIONER CAN COMPLETELY AND APPROPRIATELY ASSESS YOUR SITUATION AND MAKE CONCLUSIVE DECISIONS REGARDING YOUR CARE. NOTHING ON THE WEBSITE OR APPLICATION IS MEANT TO IMPLY A PERSON SHOULD TAKE ACTIONS TOWARD MEDICAL TREATMENT WITHOUT THE CONSENT AND/OR SUPERVISION OF A DOCTOR OR SPECIALIST. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF A USER’S PERSONAL PHYSICIAN. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS OR CONCERNS, PLEASE CALL OR SEE YOUR PHYSICIAN WITHOUT DELAY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER BEFORE ALTERING CURRENT CARE OR EMBARKING ON A NEW TREATMENT, SUPPLEMENT REGIME, DRUG OR DIET. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR APPLICATION. THE INFORMATION ON THE WEBSITE IS OBTAINED THROUGH MANY DIFFERENT SOURCES AND THE ACCURACY SHOULD BE CONFIRMED PRIOR TO USE. DIETARY SUPPLEMENTS OR RECOMMENDATIONS PROVIDED TO YOU MAY OR MAY NOT BE BENEFICIAL TO YOU AND MAY CAUSE OR EXACERBATE CERTAIN MEDICAL PROBLEMS. YOU TAKE THESE DIETARY SUPPLEMENTS OR FOLLOW ANY RECOMMENDATIONS AT YOUR OWN RISK. IF AT ANY TIME YOU FEEL UNWELL OR ILL, YOU SHOULD SEEK MEDICAL HELP IMMEDIATELY AND DISCONTINUE USE OF ANY NUTRITIONAL SUPPLEMENTS WE HAVE PROVIDED TO YOU.

NO LIABILITY FOR CONDUCT OF THIRD PARTIES. You acknowledge and agree that Luminary Vitamins parties are not liable, and you agree not to seek to hold Luminary Vitamins parties liable, for the conduct of third parties on the website, including operators of external sites, and that the risk of injury from such third parties’ rests entirely with you.

CAP ON LIABILITY. To the extent permitted by law, the aggregate liability of Luminary Vitamins, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the service, shall not exceed any fees, if any, you paid to Luminary Vitamins during the six-month period prior to the act, omission or occurrence giving rise to such liability. If you have not had any payment obligations to Luminary Vitamins, such amount shall be two hundred dollars ($200). Certain jurisdictions may not allow some of the exclusions or limitations of liability specified above, and therefore, depending on your location, some of the above exclusions or limitations may not be applicable to you. If you are a California resident, you waive California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in favor at the time of executing the release, which, if known by him must have materially affected hi settlement with the debtor.”

INDEMNIFICATION. You agree to defend, indemnify and hold Luminary Vitamins, its parents, subsidiaries, affiliates, officers, employees, consultants, agents, partners and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Service or your violation of any applicable laws, rules or regulations including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the use of customer content, the information supplied by you to Luminary Vitamins or to you by Luminary Vitamins, the conduct of your health care provider, your conduct, your violation of these Terms, or your violation of the rights of any third party. Luminary Vitamins reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Luminary Vitamins in asserting any available defenses. This provision does not require you to indemnify any of the Luminary Vitamins Parties for any grossly negligent or intentional act or omission of Luminary Vitamins. You agree that the provisions in this section will survive any termination of your account, the Terms or your access to the Services.

RELEASE. Because we are not involved in the rendering of medical advice, in the event that you have a dispute with any individual and/or entity that arises out of your use of Luminary Vitamins, you release the Luminary Vitamins (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

General Terms

CHANGES TO TERMS OF USE / ONLINE PRIVACY. Luminary Vitamins reserves the right, in its sole discretion, at any time, to modify, alter, or update the terms and conditions of these Terms of Use / Online Privacy with or without notice. Modifications shall become effective immediately upon being posted on the Site. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site. Your continued use of the Services and Site after modifications are posted constitutes an acknowledgement and acceptance of the Terms of Use and modifications.

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

JURISDICTION & DISPUTE RESOLUTION. This agreement will be governed by, and construed in accordance with, the laws of the state of Delaware, notwithstanding the conflict of laws doctrine of that or any other jurisdiction. Any dispute, controversy of claim arising out of or relating to this agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the aware rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitration shall be held in Newark, Delaware unless the parties mutually agree on a different location. If the losing party does not abide by the decision and award within thirty (30) days, then the prevailing party may file a suit in a court of competent jurisdiction to enforce the arbitrator’s decision and award.

Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.

APPLE HEALTH. Luminary Vitamins will not exchange any personal information with Apple's Health application without your prior approval. Approval is given by you in the relevant settings of the Health application or within the Application during initial user profile setup or via Application settings and can be revoked by you at any time. If you have given your approval, Luminary Vitamins may interact with the Health application on your iOS device and read and/or write information between the Application and Health application. You can choose if and to what extent Personal Information is exchanged between Luminary Vitamins and Health application by granting or revoking the relevant permissions in Health app settings. Please refer to Apple Health’s privacy notice for further information.

LINKS TO OTHER WEBSITES. The Website and/or Application may contain links to other websites of interest. However, once you have used these links to leave the Website and/or Application, we do not have any control over third party websites. Luminary Vitamins is not responsible for the protection and privacy of any information which you provide when visiting such sites and external sites are not governed by the within Privacy Policy. You should exercise caution and review the privacy policy applicable to any website in question.

ENTIRE AGREEMENT. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

NO ASSIGNMENT. You shall not assign, subcontract, delegate, or otherwise transfer this agreement, or its rights and obligations herein, without obtaining the prior written consent of Luminary Vitamins, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this agreement shall be binding upon the parties and their respective successors and permitted assigns. 

ELECTRONIC COMMUNICATIONS. The communications between you and Luminary Vitamins use electronic means, whether you use the Website, the Application, or send us emails, or whether Luminary Vitamins posts notices on the Website, the Application, or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Luminary Vitamins in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Luminary Vitamins provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in sent via hardcopy. The foregoing does not affect your non-waivable rights.

COPYRIGHT/TRADEMARK INFORMATION. All rights reserved. All trademarks, logos and service marks displayed on the Website are our property or the property of other third parties. You are not permitted to use these trademarks, logos or service marks without our prior written consent.

QUESTION OR ADDITIONAL INFORMATION. If you have any questions regarding these Terms, please send an email to help@luminaryvitamins.com.