Lumin Terms of Service
Last Updated: April 1, 2024
Welcome to Lumin! We offer innovative solutions designed to enhance the security and management of your Bitcoin assets. By accessing or using any part of the Lumin Services, you agree to be bound by these Terms of Service ("Terms") between PROMINENTWISE LIMITED (“Lumin”, “we” or “us”) and you, which include our Privacy Policy and any other legal notices published by us on the platform.
1. Introduction
Lumin provides a suite of services aimed at facilitating secure Bitcoin transactions and asset management through multi-signature wallets (collectively, "Vaults") and other security features. The website located at "www.luminbitcoin.com" (the "Site"), the Vaults, Vault Services, and various other related services, features, functions, products, software, applications, websites, and networks (collectively referred to as "Lumin Services") are provided, operated, and made available to you and any other users of the Lumin Services (collectively referred to as "Users") by Lumin and any of its affiliates, subsidiaries, successors, and assigns (collectively referred to as "Lumin").
These Terms govern your use of the Site and other Lumin Services. If you agree to these Terms, "you" will refer to you and any other users who access and use the Lumin Services on behalf of the organization.
2. Acceptance of Terms
By using Lumin, you confirm that you have read, understood, and agree to these Terms, including any policies and guidelines linked here and on the Site. If you are using Lumin on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, then you must not use the Lumin Services.
3. Account Registration and Requirements
3.1 Account Creation
To access Lumin’s full range of services, you must register for an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
To create and use an account, you may need to provide us with certain information such as your name, date of birth, identity card number, social security number, business name, email address, mailing address, messaging service ID, and phone number, as well as other personal information that may be requested during the registration and account creation process. We may also require a copy of your government-issued identification.
Unless authorized by Lumin, you may not register more than one account for anyone other than yourself, nor may you operate or utilize an account on behalf of or for the benefit of anyone not eligible to register for or operate an account in their own name, unless you have the necessary legal authorization to enter into a contract with Lumin.
When registering and creating an account, you agree to (1) provide true, accurate, current, and complete information about yourself, and, where applicable, your organization, as prompted during the registration and account creation process ("Registration Data"), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Lumin has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Lumin has the right to suspend or terminate your account. You agree not to create an account using a false identity or information. You agree not to create an account or apply for any Lumin Services, or provide a key for a Vault if you have been previously prohibited from using any Lumin Services.
3.2 Eligibility
To access and use the Site and the other Lumin Services, you must be at least 18 years of age. By applying for any of the Lumin Services, providing a key to a Vault, clicking the "I Agree" button, or by downloading, installing, or otherwise accessing or using any of the Lumin Services, you represent that:
You are at least 18 years old (in the case of a natural person) and legally able to form a binding contract with Lumin;
You are a citizen and an official resident of the country and state or province that you listed (or will list) in connection with your application for any Lumin Services;
You satisfy the eligibility requirements and have not been previously suspended or removed from the Site or any of the other Lumin Services or prohibited from applying for, receiving, or holding a key for a Vault;
Neither you nor anyone for whom you are an agent or nominee is located, organized, or resident in a country or territory that is, or whose government is, the target of sanctions imposed by other governmental entities;
Your use of the Lumin Services is legal in your local jurisdiction, and you are not and will not use Lumin Services if such use is prohibited or otherwise violates the laws of the country, state, province, or other jurisdiction in which you reside or of which you are a citizen; and you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
4. Privacy Policy
Your privacy is important to us. Our goal is to make the Lumin Services as beneficial, practical, and rewarding for you as possible. To achieve this, when you use any of the Lumin Services, apply for, receive, or hold a vault key, Lumin may collect and process information from you. Lumin will collect certain personally identifiable information from you, as detailed in our Privacy Policy. By applying for or using any of the Lumin Services, you agree that Lumin may collect, use, and disclose the information you provide during your application for, access to, or use of any of the Lumin Services, as described in the Privacy Policy.
5. Use of Services
5.1 License
Lumin grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services, subject to your full compliance with these Terms and all applicable laws.
5.2 Restrictions
You may not use the Services for any unlawful purpose or any purpose not expressly permitted by these Terms. You may not exploit the Services in any unauthorized way whatsoever, including, but not limited to, trespassing or burdening network capacity.
6. Vault service
6.1 Vaults and their addresses
Through our "Vault Services", users have the capability to establish digital Bitcoin vaults (referred to individually as a "Vault") and generate corresponding addresses (referred to individually as a "Vault Address") for Bitcoin storage. Additionally, the services facilitate the use of compatible hardware wallets for the uploading of Bitcoin public key information and the formation of key definitions (referred to individually as a "Customer Key Object") via our web-based platform (denoted as the "Platform"). It's important to note that neither the Vault Services nor the Platform are involved in the storing, sending, or receipt of Bitcoin or any form of currency. Instead, they provide a means for users to connect with the Bitcoin blockchain, allowing for the monitoring of Bitcoin amounts deposited into a Vault Address and the authorization of Bitcoin movements from a Vault Address, or between Vault Addresses linked to one or several Customer Key Objects.
6.2 Vaults and their addresses
Any authorization to transfer Bitcoin from your Vault Address requires a quorum of private keys that are mathematically associated with the public key(s) for a Vault Address. Lumin will always hold fewer than a quorum of these private keys. We do not have the authority to execute a transfer from your Vault address unilaterally, and we cannot prevent a transfer from your Vault Address if it is signed by a quorum of keys. Once a signed transfer is broadcast to and validated by the Bitcoin network, you will not be able to use the platform or any other part of the Vault Service to cancel or reverse the transfer. Bitcoin transactions are considered complete when recorded on a public ledger, which is not necessarily the date or time you or any other party take any action on the Platform. You may use the Platform to create, sign, and broadcast transfers of Bitcoin from Vault Addresses to an address you specify. You may also submit requests to Lumin or other parties to apply cryptographic signatures to specific Bitcoin transactions (each, a "Signing Request"). A quorum of private keys associated with your Vault will be linked to Customer Key Objects, with the remainder provided and managed by Lumin. Since you, and potentially other Users you specify, control a quorum of keys, you can create, sign, and broadcast transfers from your Vault Address without submitting a Signing Request to Lumin. Alternatively, you may use fewer than a quorum of keys from Customer Key Objects to create and sign a transfer from your Vault address, and then submit a request to Lumin to cosign your transfer before you broadcast it. If you or other parties to whom you have entrusted Customer Key Objects lose access to a quorum of your Vault's keys, or to any information necessary to unlock or use those keys, including but not limited to passwords, passphrases, or PIN numbers, your Bitcoin may become permanently inaccessible, and you will not be able to use the Platform or any other part of the Vault Services to recover your Bitcoin.
6.3 Processing of signing requests
For any Signing Request or Key Replacement Request submitted to Lumin, Lumin will verify the identity of the submitting User and the authenticity of the request in accordance with its Standard Operating Procedure (“Lumin SOP”). Lumin may rely on any action, instruction, or authorization that we determine, in good faith and in accordance with the Lumin SOP, to be valid and to have been given by the requester. If we (a) have any reason to believe the request is not valid and not authorized by the requester, or (b) believe in good faith that the request violates any applicable laws and regulations (“Invalid Request”), Lumin may refuse to cosign any Signing Request. We agree to review Signing Requests in a commercially reasonable manner during our normal business hours, however, we do not guarantee a specific processing time, and in no event shall Lumin be in breach of this Agreement if any Signing Requests are not performed in a timely manner due to (i) Lumin's inability to authenticate any Signing Request or (ii) any circumstances under which transactions cannot be broadcast due to Bitcoin network problems or similar issues not under our control.
The Lumin SOP may change over time at Lumin’s sole discretion, without notice to you. For the avoidance of doubt, should Lumin take certain steps to verify the authenticity of a Signing Request in one instance, it does not guarantee that Lumin will take the same verification actions in the future with respect to other Signing Requests.
If the relevant feature is activated on your Account, Requests may further require video verification before approval.
You agree to fully indemnify and hold harmless Lumin and any of its affiliated entities or subsidiaries, as well as officers, directors, agents, employees, successors, and assigns of Lumin and any of its affiliated entities or subsidiaries, from any and all financial and other consequences, including but not limited to any claim, liability, lawsuit, judgment, loss, damage, expense, fee, or cost (including court costs and attorney fees), related to their implementation or approval of any Request which is undertaken in compliance with the procedures outlined in these Terms. For the avoidance of doubt, this means that if Lumin acts in accordance with any reasonable Lumin SOP, Lumin shall have no liability in the event it approves a Request initiated by a party unauthorized to make or approve a Request under these Terms in the event said party successfully impersonates a party authorized to make or approve a Request under these Terms. This indemnification and hold harmless is given by you on behalf of yourself individually, as well as on behalf of any entity or trust over which you have actual, implied, apparent, or other authority, and also on behalf of your heirs, executors, administrators, personal representatives, successors, and assigns.
6.4 Your responsibilities
You are solely responsible for maintaining access to and the security of your hardware wallet(s) and private key(s), as well as any information necessary to unlock or use those wallet(s) and key(s) (including but not limited to passwords, passphrases, or PIN numbers), and the information required to reconstruct such private key(s) associated with any Customer Key Object. If you entrust a third party to control, assist in managing, or provide backup for one or more private key(s) or the information necessary to reconstruct such private key(s), or if you choose to use a third party's Customer Key Object when creating your Vault, Lumin is not responsible for the actions or omissions of such third party. Marking certain Customer Key Objects associated with your Vault as being entrusted to a third party does not obligate Lumin to take any specific actions or in-actions in authenticating a request, and Lumin is not required to review or consider any such markings. You understand that Lumin supports only specific hardware wallets, and acknowledge that using any hardware wallet not supported by Lumin to create a Customer Key Object, either by you or users you designate for your Vault, may result in the loss of your bitcoin. Any use of a non-supported hardware wallet is at your own risk.
You are responsible for downloading and securing each Vault Address’s redeem script (available on the Lumin Vault Platform at the time of Vault Address creation) (“Redeem Script”). Not possessing a Redeem Script could lead to the loss of bitcoin, even if you retain access to all necessary Customer Key Objects.
All users must maintain adequate security and control of all authentication credentials and devices used to access the Platform. All users are required to prevent unauthorized access to or use of the Platform using their account credentials and must immediately notify Lumin of any such unauthorized access or use. You agree to cooperate with Lumin in investigating any suspected unauthorized access to or use of the Platform using your account credentials and any security breach of your account, system, or network.
Once a Vault is created, you may retrieve the Vault Address from the Platform and transfer funds to it as necessary without Lumin's involvement. It is your responsibility to ensure that the Vault Address retrieved from the Platform is valid and free from transcription errors. We recommend transferring a small amount of bitcoin for confirmation before transferring larger amounts.
When creating any Signing Request or Key Replacement Request, the Platform will require you to submit information necessary to validate and authenticate the request in accordance with the Lumin SOP, which may include a video recording of you verbally authorizing the request. Failure or refusal to provide this information may impede or delay processing. If Lumin has any doubts about the validity or authenticity of the request, Lumin will delay co-signing until verifying your identity and the authenticity of the request in accordance with the Lumin SOP. This verification may require additional steps, including live communication. You agree to participate in any such procedure, understanding that failure to communicate or cooperate may delay or prevent Lumin from co-signing your request.
You are responsible for, and shall pay, all taxes, assessments, duties, and other governmental charges, including any interest or penalties rightfully owed by you, related to any bitcoin held in any Vault or any transaction related thereto.
Lumin is not liable for your failure to comprehend the nature of bitcoin or its market. Lumin provides a method for storing specific bitcoin assets, and makes no representations or warranties regarding the value, stability, or legality of any such bitcoin. Lumin is not responsible for legislative and regulatory changes or actions at the state, provincial, federal, or international level that may adversely affect the use, transfer, exchange, and value of bitcoin. You understand that bitcoin transactions may be irreversible, and as such, losses due to fraudulent or accidental transactions may not be recoverable. Lumin does not own or control the underlying software protocols of the bitcoin network that governs the operation of bitcoin. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. Lumin is not responsible for the operation of the underlying network protocols and makes no guarantees regarding their security, functionality, or availability.
These Terms do not disclose all of the risks associated with the purchase, storage, or transfer of bitcoin. You acknowledge and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of those risks for you in light of your circumstances and financial resources. Lumin does not offer advice or recommendations regarding bitcoin, including the suitability and appropriateness of, and investment strategies for, bitcoin. Lumin does not provide tax, legal, or other professional advice.
6.5 Representations
You hereby represent and warrant to, and covenant with, Lumin that as of the date you create any Vault and as of each date you submit a Signing Request:
You are aware of and familiar with the risks associated with issuing a Signing Request, have been fully informed of such risks, are willing to accept these risks, and shall safeguard and treat with extreme care any credentials related to the Platform, any Customer Key Object, and the private key associated with any Customer Key Object. You agree that the security procedures (if any) to be followed in connection with any Signing Request provide a commercially reasonable degree of protection in light of your particular needs and circumstances. You agree and understand that a Signing Request submitted via the Platform may conclusively be presumed by us to have been given by you or by a person authorized by you, and (following verification and authentication, if required) may be acted upon as given;
Your use of the Vault Service is legal in your local jurisdiction, and you have not and will not use the Vault Service if such use is prohibited or otherwise violates the laws of the country, state, province, or other jurisdiction in which you reside or of which you are a citizen;
The destination address of any Signing Request belongs to you, and you have verified that the address is authentic, functional, and recoverable.
6.6 Vault services agreement
Any references in any contract or other agreement between you and Lumin to a “Vault Services Agreement” shall refer to this Article 6 as well as the rest of the Lumin Terms of Service.
7. User Conduct
When you engage with the Lumin platform, it's imperative that you adhere to these guidelines to ensure a respectful and lawful digital environment. Your commitment to these principles guarantees the integrity and security of our services.
7.1 Integrity of Services
Directly manipulating or attempting to manipulate the Lumin Services' underlying code or architecture, including reverse engineering, decompiling, or disassembling any part of our services, is prohibited unless such actions are explicitly permitted by your jurisdiction's laws.
7.2 Authorized Use
The Lumin Services are designed for your personal or organizational use. This means you should not exploit these services for anyone else's advantage or financial gain. Specifically, the resale, subleasing, or any form of redistribution of Lumin's services without express consent is not allowed.
7.3 Service Provisioning
Offering services to third parties using Lumin's infrastructure must be strictly in line with these Terms, ensuring that all activities are legitimate and authorized.
7.4 Content and Conduct
Engaging in or promoting activities that involve illegal gambling, obscene materials, harassment, or any form of violence through the Lumin platform is strictly forbidden. Furthermore, using our services to spread spam, junk mail, or unsolicited offers is not acceptable.
7.5 Resource Usage
It's crucial that your use of the Lumin platform does not overload our systems. Activities that disproportionately tax our infrastructure without Lumin’s explicit approval are not permitted.
7.6 Respect for Privacy
Respect for individual privacy is paramount. Do not share or disclose any personal information without explicit consent from the concerned parties.
7.7 Security Measures
Tampering with or attempting to bypass the security features of the Lumin Services to gain unauthorized access to the platform or its associated networks and systems is strictly prohibited.
7.8 Creative Integrity
While Lumin encourages innovation, creating derivative works from its services without permission undermines the originality and value of our offerings. This includes modifying, adapting, or translating any part of the Lumin Services.
7.9 Technological Respect
Automated access to the Lumin platform, including the use of bots for message sending or other functions, must be responsible and not infringe on the functionality or accessibility of the services for others.
7.10 Legal Compliance
Ensure your activities on the Lumin platform comply with all applicable laws, regulations, and these Terms. This encompasses everything from the legal use of the services in your locale to the authenticity and recoverability of transaction addresses.
By aligning with these guidelines, you help us maintain a secure, respectful, and law-abiding platform. Failure to adhere to these principles may result in restricted access to the Lumin Services or other corrective measures.
8. Fees and Payment
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted on the Services. Lumin may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
9. Modifications to the Services and Terms
Lumin reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on the Site or otherwise through the Lumin Services including but not limited to changes in accordance with applicable laws and regulations or due to business needs. If Lumin updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Lumin Services after the posting of changes constitutes your binding acceptance of such changes. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL LUMIN SERVICES. To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
10. Termination
10.1 Lumin's rights
You acknowledge that Lumin reserves the exclusive right to suspend or terminate your access to the Lumin Services or any account you possess with Lumin at its discretion, for any reason or no reason, without facing any penalties. This includes the authority to eliminate or discard a portion or all of your account, user profile, and any submitted content at any given time. This action may be taken irrespective of any existing agreements, orders, or contracts, even those specifying a fixed term. Lumin also holds the discretion to discontinue any application services at any time. You accept that the suspension or termination of your access to the Lumin Services or any ability to use Lumin's services might occur without prior notice, and you acknowledge that Lumin bears no liability towards you or any third party for such termination. Lumin commits to cooperating fully with legal authorities or court mandates that require or instruct Lumin to unveil the identity of anyone involved in activities believed to breach these Terms. Suspected illicit, abusive, or illegal activities will be directed to appropriate law enforcement agencies. These actions are supplementary to any other legal or equitable remedies available to Lumin. Lumin prohibits activities that infringe on copyright within its services and maintains the right to terminate access for users identified as repeat infringers. BY AGREEING TO THESE TERMS, YOU FOREGO ANY CLAIMS ARISING FROM ANY ACTIONS TAKEN BY LUMIN DURING ITS INVESTIGATIONS AND/OR AS A RESULT OF LEGAL OR LAW ENFORCEMENT INQUIRIES.
10.2 Your recourse
Should you find dissatisfaction with (i) the Site or any other Lumin Services, (ii) any Terms hereunder, (iii) any practice or policy implemented by Lumin in operating its services, or (iv) any content transmitted through the Lumin Services, your sole recourse is to cease using your Account and all Lumin Services. You have the liberty to terminate your engagement with the Lumin Services and your Account at any moment. Upon such termination, you must abstain from utilizing the Lumin Services until possibly reauthorized by Lumin. Notwithstanding, terminating your account or ceasing to use the Lumin Services does not relieve you from obligations under any agreements or documents still in effect.
11. Disclaimers and Limitation of Liability
11.1 Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. Lumin does not warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
11.2 Scope of liability
Lumin, alongside its associated entities, shall not be held accountable for any liability (whether in tort or contract or otherwise) for any consequential, indirect, special, punitive, or exemplary damages under any conditions. This encompasses, but is not limited to, losses incurred from legal actions, diminished business or revenue, expected profit loss, or any form of financial or other loss resulting directly or indirectly from your engagement with the Lumin Services or from failure to access these services, irrespective of prior warnings to Lumin of such potential damages. Where not permitted, Lumin's liability is minimized to the extent allowed by the applicable law.
11.3 Damages cap
The collective liability of Lumin and its affiliates, stemming from or associated with these Terms or your utilization of the Lumin Services, shall not surpass the greater of $50 or the total fees paid by you to Lumin within the twelve months leading up to the claim. This cap does not aim to curtail Lumin’s accountability regarding service-related collateral or its return upon fulfilling all due obligations.
11.4 User disputes
In disputes involving other users or third entities, you absolve Lumin and its related parties from all claims, liabilities, and damages, acknowledged or otherwise, springing from such disputes.
11.5 External sites liability
You acknowledge and agree that we have no responsibility for the accuracy or availability of any information provided by linked third-party sites or services. Liability limitations extend to damages linked to third-party sites or services, not directly associated with Lumin but accessed through or advertised on Lumin’s platforms.
11.6 Contractual basis
Acknowledging that Lumin has structured its service offerings and pricing based on these limitations and disclaimers which distribute risk fairly between you and Lumin, they are integral to the agreement between both parties. Absent these provisions, Lumin’s service offerings would not be financially viable.
11.7 Legal limitations
The disclaimers, exclusions, or limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
11.8 Force majeure exemption
Lumin is exempt from liability for failing to perform obligations under these Terms due to circumstances beyond reasonable control, such as natural disasters, conflicts, labor disputes, regulatory actions affecting financial transactions, issues with the bitcoin network, or unforeseen acts of nature.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles and you agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
13. General Terms
13.1 Entire Agreement
These Terms constitute the entire agreement between you and Lumin regarding the use of the Services, superseding any prior agreements between you and Lumin regarding the Services. You acknowledge that in accessing and using the Lumin Services you have not relied on any oral or written representation, warranty or other assurance (except as provided for or referred to in these Terms) and waives all rights and remedies which might otherwise be available to it in respect thereof.
13.2 No Waiver
Failure or delay in exercising any right, power or privilege by Lumin in respect of these Terms shall not operate as a waiver, nor shall a single or partial exercise, enforcement or waiver of any such right, power or privilege preclude Lumin from further exercise, enforcement, or the exercise or enforcement of any other right, power or privilege hereunder. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by the applicable law.
13.3 Invalidity and severability
If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
If and to the extent that an applicable law is inconsistent with these Terms in a way that would otherwise have the effect of making a provision of these Terms illegal, void or unenforceable, or contravene a requirement of any applicable laws or impose an obligation or liability which is prohibited by that applicable law, then such applicable laws shall override these Terms to the extent of the inconsistency, and these Terms is to be read as if that provision were varied to the extent necessary to comply with those applicable laws and avoid their effect (or, if necessary, omitted).
13.4 Third-party rights
You agree that nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce any of the Terms pursuant to the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of these Laws of Hong Kong).