Luma POS Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Luma POS ("Service," "Platform," or "Luma"), you ("Merchant," "Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Service Description

Luma POS provides a cloud-based point-of-sale system designed for mobile vendors, including food trucks, mobile bars, and event-based merchants. Our Service integrates with Stripe Connect to process payments on your behalf.

3. Stripe Connect Integration

3.1 Payment Processing

All payment processing services are provided through Stripe Connect. By using Luma POS, you agree to:

• Create and maintain a Stripe Connect account
• Comply with Stripe's Terms of Service and Connect Account Agreement
• Provide accurate business and banking information to Stripe

3.2 Stripe Relationship

You acknowledge that:

• Stripe, not Luma POS, is the merchant of record for payment processing
• Your relationship with Stripe is governed by Stripe's separate terms and conditions
• Luma POS acts as a technology platform facilitating your connection to Stripe's payment services

4. Fraud and Chargeback Liability

4.1 Customer Responsibility

You, the Merchant, are solely responsible for all chargebacks, fraud, and disputed transactions processed through your Luma POS account, including but not limited to:

• Credit card chargebacks
• Debit card chargebacks
• ACH returns and disputes
• Fraudulent transactions
• Unauthorized transactions
• Claims of non-delivery or non-receipt of goods/services
• Claims of defective or not-as-described goods/services

4.2 Chargeback Fees and Costs

You agree to pay all fees associated with chargebacks and disputes, including:

• Stripe's chargeback fees (currently $15 per chargeback)
• Any additional processing fees imposed by card networks
• Costs associated with chargeback representation and dispute resolution
• Any penalties imposed due to excessive chargeback rates

4.3 Reserve Rights

Stripe and/or Luma POS reserve the right to:

• Hold funds in reserve to cover potential chargebacks and fraud
• Debit your connected bank account or withhold funds from future transactions to cover chargeback amounts and fees
• Require additional documentation or security measures if your chargeback rate exceeds industry standards
• Suspend or terminate your account if chargeback rates reach unacceptable levels

4.4 Fraud Prevention Obligations

You agree to:

• Implement reasonable fraud prevention measures
• Verify customer identity when appropriate
• Retain transaction receipts and proof of delivery/service
• Respond promptly to Stripe and Luma POS inquiries regarding disputed transactions
• Maintain accurate records of all transactions for at least 3 years

4.5 High-Risk Chargeback Rate

If your chargeback rate exceeds 0.9% of total transactions in any given month, Luma POS reserves the right to:

• Require a rolling reserve of up to 30% of transaction volume
• Implement additional monitoring and compliance requirements
• Suspend new payment processing until the rate decreases
• Terminate your account with 30 days' notice

5. Account Responsibilities

5.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying Luma POS of any unauthorized access or security breaches
• Ensuring your employees/staff use the Service appropriately

5.2 Accurate Information

You must provide and maintain accurate, current, and complete information, including:

• Business name and contact information
• Banking and financial information
• Tax identification numbers
• Business licenses and permits

5.3 Prohibited Activities

You may not use Luma POS to:

• Process transactions for illegal goods or services
• Engage in fraudulent or deceptive practices
• Process transactions unrelated to your stated business
• Violate card network rules or regulations
• Process payments for third parties without prior written approval

6. Fees and Payment

6.1 Service Fees

Luma POS charges fees as outlined in your pricing plan. All fees are in addition to Stripe's processing fees.

6.2 Payment Authorization

By using the Service, you authorize Luma POS to:

• Charge your payment method on file for subscription fees
• Deduct fees from your transaction proceeds
• Adjust your account balance to recover amounts owed

6.3 Disputed Fees

Any disputes regarding Luma POS fees must be submitted within 30 days of the charge. After 30 days, all charges are considered accepted.

7. Indemnification

You agree to indemnify, defend, and hold harmless Luma POS, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Chargebacks and fraud associated with your account
• Disputes with your customers
• Your products, services, or business practices
• Infringement of any intellectual property or other rights of any third party

8. Limitation of Liability

8.1 No Liability for Chargebacks

Luma POS is not liable for any chargebacks, fraud, or payment disputes. These are solely your responsibility as the merchant.

8.2 Service Availability

Luma POS strives to maintain 99.9% uptime but does not guarantee uninterrupted service. We are not liable for losses resulting from service interruptions, including lost sales or transaction failures.

8.3 Maximum Liability

To the maximum extent permitted by law, Luma POS's total liability to you for any claims shall not exceed the amount you paid to Luma POS in the 12 months preceding the claim.

8.4 Consequential Damages

Luma POS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data.

9. Dispute Resolution

9.1 Chargeback Process

When a chargeback occurs:

• Stripe will notify Luma POS, and we will notify you via email
• You will have the opportunity to provide evidence to dispute the chargeback
• You must submit all evidence within the timeframe specified (typically 7-10 days)
• The final decision rests with the cardholder's bank and card networks

9.2 Customer Disputes

You are responsible for resolving disputes directly with your customers. Luma POS is not a party to these disputes.

10. Account Termination

10.1 Termination by You

You may terminate your account at any time by providing 30 days' written notice. You remain liable for all fees, chargebacks, and obligations incurred before termination.

10.2 Termination by Luma POS

We may suspend or terminate your account immediately if:

• You breach these Terms
• Your chargeback rate exceeds acceptable thresholds
• We suspect fraud or illegal activity
• Required by law or card network rules
• Your Stripe account is terminated or suspended

10.3 Post-Termination

Upon termination:

• You remain liable for all outstanding fees, chargebacks, and obligations
• We may retain funds for up to 180 days to cover potential chargebacks
• You must cease using the Service and Luma POS branding
• Provisions regarding liability, indemnification, and dispute resolution survive termination

11. Data and Privacy

11.1 Data Ownership

You retain ownership of your customer data and transaction records. However, you grant Luma POS a license to use this data to provide the Service and for analytics purposes.

11.2 PCI Compliance

Luma POS and Stripe maintain PCI-DSS compliance for payment card data. You are responsible for complying with PCI requirements in your business operations.

11.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, incorporated by reference into these Terms.

12. Modifications

12.1 Terms Updates

Luma POS reserves the right to modify these Terms at any time. Material changes will be notified via email at least 30 days in advance. Continued use of the Service after changes take effect constitutes acceptance.

12.2 Fee Changes

We may modify our fees with 60 days' notice. You may terminate your account if you do not agree to the new fees.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any pricing agreements, constitute the entire agreement between you and Luma POS.

13.2 Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.

13.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

13.4 No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

13.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger or sale.

14. Contact Information

For questions about these Terms or to report issues:

Luma POS
Email: support@lumapos.co

15. Acknowledgment

By creating an account and using Luma POS, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the provisions regarding your sole liability for chargebacks and fraud.