Terms & Conditions

1. Definitions

• Welcome to Lumira Circle Sdn. Bhd. (“Company”, “we”, “our”, “us”). These Terms & Conditions (“Terms”) govern your access to and use of our websites, mobile applications, content, programs, coaching services, memberships, events, and related offerings (collectively, the “Services”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

2. Eligibility & Account

• You must be at least 18 years old (or the age of majority in your country) to use the Services.
• You are responsible for your account credentials and ensuring information is accurate and up to date.

3. Subscriptions, Auto‑Renewal & Billing

• Subscriptions auto‑renew for successive terms (monthly or annual) until canceled. By subscribing, you authorize recurring charges at the then‑current price.
• Renewal charges are non‑refundable. You may cancel anytime in your account; access continues until the end of the current term.
• We may change prices with at least 14 days’ prior notice before your next renewal; continued use after the effective date constitutes acceptance.
• If a payment fails, we may retry charges, reduce access, or terminate for non‑payment.

4. Refunds & Cancellations

• New purchases of digital programs/memberships: refundable within 15 days of purchase (unless stated otherwise).
• Renewals: non‑refundable.
• How to request: email hello@lumiracircle.com; we aim to process within 10 business days.

5. Use of Services; Community & UGC

• You must follow our Community Guidelines. Prohibited content includes illegal, infringing, hateful, harassing, misleading, or unsafe claims.
• You retain ownership of your user‑generated content (“UGC”). You grant us a worldwide, non‑exclusive, royalty‑free, transferable and sub licensable license to host, store, reproduce, adapt (e.g., resize/format), publish and display your UGC to operate, improve and promote the Services. Public reviews/usernames may appear in promotional materials; you can opt out via support.
• We may remove content or suspend accounts at our discretion, including for repeat IP infringements. You may appeal removals within 14 days.

6. Coach Marketplace & Platform Role

• Coaches are independent contractors, not employees, partners, or agents of the Company.
• We provide a platform and are not a party to Coach‑Member contracts unless expressly stated. We are not responsible for Coach content, statements, or omissions.
• Coaches must comply with our Coach Code of Conduct and applicable laws; Members must assess suitability before purchase.

7. Intellectual Property

• All Service content is owned/licensed by the Company. We grant you a limited, revocable, non‑transferable license for personal, non‑commercial use only. No copying, resale, or public performance without consent.

8. IP Takedown Procedure

• Send complaints to hello@lumiracircle.com with your identity, the work/mark owned, exact Lumira URL(s), a good‑faith statement that the use is unauthorized, an accuracy statement under penalty of perjury, and your signature/name/date.
• Counter‑notice: provide your contact information, the removed content/URL, a statement under penalty of perjury that removal was a mistake or misidentification, and consent to the non‑exclusive jurisdiction of the courts of Johor Bahru, Malaysia. We may restore content if no court action is filed within the applicable period.

9. No Professional Advice; Health & Safety Warning

• Content is educational only and not medical, psychological, legal, or financial advice. Consult qualified professionals before acting.
• You assume all risks for participating in activities (e.g., breathwork, movement, cold exposure). Do not participate if contraindicated; stop if unwell.

10. Third‑Party Services & Links

• We are not responsible for third‑party sites/services. Use them at your own risk and review their terms and privacy policies.

12. Disclaimers

• The Services are provided “as is” and “as available,” without warranties of merchantability, fitness for a particular purpose, or non‑infringement to the maximum extent permitted by law.

13. Limitation of Liability

• To the maximum extent permitted by law, Lumira Circle and its directors, officers, employees, agents, and affiliates are not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, lost data, business interruption, or replacement costs), even if advised of the possibility of such damages.
• Our aggregate liability for all claims is capped at the greater of the total fees you paid to us for the Services in the 12 months before the event giving rise to the claim.
• Nothing limits liability where not permitted by law (e.g., death/personal injury caused by negligence, fraud).

14. Indemnification

• You agree to indemnify and hold harmless Lumira Circle and its directors, officers, employees, agents, and affiliates from claims arising out of your use of the Services, your UGC, or your breach of these Terms.

15. Governing Law

• These Terms are governed by the laws of Malaysia.
• Informal Resolution: Before starting any formal process, either party must send written notice; both parties will use good‑faith efforts to resolve the dispute within 30 days (optional mediation under AIAC Mediation Rules).
• Arbitration: Any unresolved dispute will be finally settled by arbitration administered by the Asian International Arbitration Centre (AIAC) under the AIAC Arbitration Rules. The seat of arbitration is Kuala Lumpur, Malaysia. One arbitrator. Language: English. The award is final and binding.
• Court Carve‑Out: Either party may seek temporary or injunctive relief (including intellectual property protection) in the non‑exclusive courts of Johor Bahru, Malaysia.
• Class/Collective Actions: waived to the extent permitted by law.
• Consumers Outside Malaysia: If mandatory laws of your country give you non-waivable rights, this clause does not deprive you of those rights. [COMMENT] Purpose: preserves enforceability for international consumers; acknowledges non-waivable local rights. Does NOT expand Lumira liability or override the rest of the dispute framework.
• Time to Bring Claims: Any claim must be filed within 1 year after it accrues, to the extent permitted by law.

16. Force Majeure

• We are not liable for delays/failures due to events beyond our reasonable control, including acts of God, outages, strikes, epidemics, governmental actions, or supplier failures.

17. Termination & Suspension

• We may suspend or terminate access immediately for material breach, unlawful conduct, non‑payment, or risks to users or the platform. You may terminate at any time via your account. Termination does not affect rights accrued up to that date.

18. Miscellaneous

• Assignment: You may not assign without our consent; we may assign in a merger, acquisition, or asset sale.
• Severability; No Waiver; Entire Agreement; Electronic Communications Consent.
• Changes to Terms: We will give 14 days’ notice for material changes; continued use after the effective date constitutes acceptance.
• Survival: Sections on payments due, IP, UGC license, disclaimers, limitation of liability, indemnification, and disputes survive termination.

19. Contact Us

• If you have any questions about these Terms and Conditions, You can contact us: hello@lumiracircle.com