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Terms of Use

Welcome to Lumion. These Terms of Use (the “Terms”) are intended solely for Lumion’s school customers and are not applicable to any other persons. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (together, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@lumion.ai

Phone: +1 (877) 511-6003

Address: 10897 South River Front Pkwy STE 500, South Jordan, Utah 84095


These Terms of Use (the “Terms”) are a binding contract between you and MIA SHARE, INC. D/B/A LUMION (“Lumion,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy https://www.lumion.ai/privacy-policy Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE TERMS; IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We may update these Terms as our Services evolve. When that happens, we’ll post a notice on www.lumion.ai and may also alert you by email or other means. Continuing to use the Services after the update takes effect means you accept the revised Terms; if you don’t, discontinue use. No other changes are valid unless they’re in writing and signed by both parties.

What are the basics of using Lumion?

To use the Services, you must create an account with accurate, current information and choose a unique Lumion User ID and password. You may not impersonate others, use a name you lack rights to, transfer your account without our written consent, or share your credentials. You’re responsible for all activity on your account and for keeping your login secure.

You must be 18 or older and may use the Services only for your own internal, non‑commercial purposes, in compliance with all applicable laws. Except for those student consents that Lumion will obtain in connection with the Services, determining and meeting any legal obligations—including obtaining required consents from students, Payers (the natural person or legal entity that initiates, or agrees to initiate, a student payment on a student’s account,) or others—is solely your responsibility; Lumion is not liable for unlawful use of the Services.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of anyone else (including Lumion);
  2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Lumion;
  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  5. violates the security of any computer network, or cracks any passwords or security encryption codes;
  6. copies or stores any significant portion of the Content; or
  7. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

All text, images, data, and other materials on the Services (“Content”) are protected by intellectual‑property laws. You receive a limited, non-exclusive, non-sublicensable, non‑transferable license to view or download this Content solely for your own use of the Services; any other copying, distribution, modification, or commercial use—without the owner’s permission or in a way that violates someone else’s (including Lumion’s) rights— is prohibited. Lumion owns the Services and you cannot modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. These restrictions apply even when the platform lets you copy or download Content.

You acknowledge and agree that Lumion may collect and use information about you and your employees and/or students or potential students that can be used to identify such person, either directly or indirectly, whether raw, identifiable, or subsequently aggregated, de‑identified, or anonymized (“Personal Data”) for any lawful business purpose, including operating, securing, supporting, and improving the Services; developing, training, and refining algorithms, machine‑learning models, and other artificial‑intelligence systems; and sending marketing communications, product updates, and other beneficial information, provided that any external disclosure of Personal Data that could reasonably identify an individual will occur only as necessary to provide the Services, with that individual’s consent and/or as required by law, and Lumion will implement and maintain administrative, physical, and technical safeguards that meet or exceed industry standards and applicable student‑privacy regulations. Notwithstanding the forgoing, nothing herein is intended to constitute a sale of any Personal Data from you to us. These rights and obligations survive termination of this Agreement.

Who is responsible for what I see and do on the Services?

All Content that is publicly posted or privately transmitted to you or your employees through the Services is the sole responsibility of the person from whom such Content originated and is accessed at your own risk; Lumion isn’t responsible or liable for any such Content or for any errors, omissions, or resulting damages. You’re responsible for the material you post and represent and warrant that you have full rights to share it.

Links to—and dealings with—third‑party sites, services, or individuals are solely at your discretion. Lumion doesn’t control or vouch for them, assumes no liability, and won’t mediate disputes. By using the Services, you release Lumion from all claims, demands, and damages, known or unknown, arising out of or any way related to our Services, Content, third‑party interactions, or user disputes. You hereby waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Lumion ever change the Services?

Our Services evolve constantly. We may add, limit, or discontinue features—or remove content—at any time and may restrict access without notice. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.

Student Payments

The Services include each of the following:

  1. Payment Instruments:

Lumion facilitates the collection of Student Payments (any amount that Payers owe to the School for tuition or related charges) from Payers to the School through the following instruments.

  1. Invoices
  2. Zero Interest Retail Installment Contracts (“RICs”)
  3. Interest-Bearing Retail Installment Contracts (“IBRICs”)
  4. Servicing Fees
    1. From the base amount of Student Payments processed using any of the above payment instruments, Lumion may charge a servicing fee to the School as a percentage of that base amount. This servicing fee may be automatically deducted before funds are transferred to the School.
    2. Direct Payments to the SchoolIf a Payer makes a payment directly to the School in connection with any of the Services, the School remains responsible for any servicing fees owed to Lumion.
  5. Additional Fees Charged to Payers

Lumion will charge you the following additional fees, which, to the extent permitted by applicable law, you may request that Lumion charge to the Payer:

  1. Credit/Debit Card Convenience Fees or Surcharges: A convenience fee or surcharge may be added to total payments made by card.
  2. Return Fee: A return fee may be charged for Automated Clearinghouse (“ACH”) transactions that fail or are returned.
  3. Late Payment Fee: A fee may be charged to Payers who fail to complete their payment by 12:59:59 PM Pacific time on the due date.
  4. School Payouts

The School will receive periodic payouts of Student Payments net of the following deductions:

  1. Lumion servicing Fees
  2. Credit/Debit Card Convenience Fees or Surcharges of 3.00%
  3. Return Fees of $15.00
  4. Late Payment Fees of $15.00
  5. ACH Returns for Payments Previously Remitted to the School
  6. Successful Credit Card Chargebacks for Payments Previously Remitted to the School

Upon request, Lumion will provide detailed invoices showing all deducted servicing fees. Current Servicing Fee percentages and Additional Fees Charged to Payers are displayed in the administrative portal.

  1. Payer Payment Refunds

Lumion will attempt to facilitate Payer payment refunds under the following circumstances:

  1. Lumion suspects the payment was fraudulent.
  2. Lumion believes the Payer’s refund request is valid, and the School has not responded to Lumion’s inquiries regarding the refund within seven (7) business days.
  3. Lumion suspects the School is in violation of any part of these Terms of Use.
  4. The School requests Lumion to initiate a refund.
  5. A payment was remitted to the School in error for any reason.

Refund attempts will be made up to ninety (90) days after the Payer’s original payment date. Credit/Debit Card Convenience Fees and Surcharges are non-refundable.

If Lumion cannot process a refund for any reason, the School must remit the refund directly to the Payer upon Lumion’s request, in any of the above circumstances. The School agrees to indemnify and hold Lumion harmless for any disputes or claims arising from the School’s failure to fulfill this obligation.

When Earned. You agree that each applicable Fee is earned by Lumion and will become due and owing immediately upon the occurrence of the event for which such Fee is payable. Fees are non-refundable.

Servicing Payment Processor

Lumion uses third-party payment processors for Student payments (“Servicing Payment Processors”). Currently, we use Payabli, Inc. and/or Finix, Inc. as our Servicing Payment Processors. This is subject to change as necessary. You can access Payabli’s Terms of Use https://www.payabli.com/documents-payabli-terms-of-use/ and Finix’s Terms of Service and Privacy policy https://finix.com/terms-and-policies. By using the Services, you agree to the applicable Terms of Us and/or Terms of Service and privacy policies of each of the Servicing Payment Processors.

Collections

If the Payer remains past due for 90 days or more, The School reserves the right to send or not send the account to a third-party collection agency for collection on School’s behalf. The School will be responsible for paying all applicable collection agency fees. The current contingency rate is 25%, but this is subject to change without notice.

Do the Services cost anything?

Some Services are free; others require payment. If a free Service is about to become paid, we’ll notify you, and give you the opportunity to opt in or opt out.

  1. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”), as detailed within the Services interface. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service, including without limitation any terms related to transaction-based servicing fees on Payer payments and Payer refunds, are deemed part of these Terms.
  2. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy.
  3. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method.
  4. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
  5. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide thirty (30) days’ prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. to terminate your authorization or change your payment method, go to your account settings.
  6. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY (WHETHER OCCURRING THROUGH THE SERVICES OR ON YOUR LOCAL MACHINE), SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
  7. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  8. Auto-Renewal for Paid Services. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR LUMION ACCOUNT, LUMION WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
  9. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

What if I want to stop using the Services?

You may stop using the Services at any time. Review our Privacy Policy and the licensing terms to understand how we handle your information after you leave.

Lumion may suspend or terminate your access at its discretion, including for any breach of these Terms, and we alone decide whether a violation has occurred.

Provisions that naturally survive termination—such as payment or indemnity obligations, liability limits, intellectual property rights, and dispute resolution terms (including arbitration)—will remain in effect.

What else do I need to know?

Warranty Disclaimer. Lumion and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Lumion and all such parties together, the “Lumion Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Lumion Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Lumion Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY LUMION (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE LUMION PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO LUMION IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Lumion Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services, (b) your violation of these Terms or applicable federal, state, or local laws, rules or regulations, (c) your gross negligence or willful misconduct, or (d) your relationship with any other user. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Lumion's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Utah, without regard to the conflicts of laws provisions thereof.

Data Breach Notifications. You must notify us of any data breach within 72 hours of the event.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Lumion and limits the manner in which you can seek relief from Lumion. Both you and Lumion acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Lumion's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Salt Lake County, Utah. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Lumion will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Lumion will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Lumion may assert claims, if they qualify, in small claims court in Salt Lake County, Utah or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND LUMION WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Lumion are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Lumion over whether to vacate or enforce an arbitration award, YOU AND LUMION WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Lumion is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Lumion to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Lumion agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Salt Lake County, Utah, or the federal district in which that county falls.

(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Lumion.

Miscellaneous. You are responsible for all taxes and government charges arising from your use of the Services, unless Lumion elects to handle them. Failure by either party to enforce a right is not a waiver. If any provision is unenforceable, it will be limited to the minimum extent necessary, and the rest of the Terms will remain in effect.

These Terms are the sole, complete agreement between you and Lumion, replacing all prior understandings. You are an independent user—not Lumion’s employee, agent, partner, or joint venture—and cannot bind Lumion in any way. Except for the arbitration agreement, no third‑party beneficiaries are intended under these Terms.