Legal
Terms of Service
Last updated: 14 July 2026
These terms are the agreement between EMARKSS LTD and you, the merchant, for the use of Lumnya. By installing the app or using the service you accept them. Please read them — they cover billing, what the AI may and may not do, and each side's responsibilities.
01Who provides the service
Lumnya is provided by EMARKSS LTD, registered in England & Wales (Company No. 16181893), 82a James Carter Road, Mildenhall, United Kingdom, IP28 7DE (“EMARKSS”, “we”, “us”). “You” means the merchant (business) that installs or uses Lumnya, including anyone acting on that business's behalf.
02The service
Lumnya is a digital workforce for e-commerce stores. It includes a customer-facing chat assistant for your storefront, a merchant dashboard, and back-office analysis agents. The assistant answers shoppers from your store data; the agents analyze your store and propose actions.
Consequential actions — price changes, refunds, order edits, sending emails — are confirm-gated: they execute only after your explicit approval, and every execution is recorded in an audit trail.
03Pilot / beta status
Lumnya is currently in a pilot phase. Features may change, be added, or be withdrawn as the product matures, and occasional interruptions are more likely than in a mature service. We publish current availability at lumnya.ai/status and material changes in the changelog. Pilot pricing and founding-merchant rates are described on the pricing page.
04Accounts & eligibility
You must be at least 18 and using Lumnya for business purposes. You are responsible for the security of your Shopify account and any dashboard credentials, and for the actions of anyone you give access. Tell us immediately at contact@lumnya.ai if you suspect unauthorized access.
05Plans, billing & taxes
Paid plans and usage-based charges are billed through Shopify's billing system and appear on your Shopify invoice. Current plans, limits, and per-use rates are listed at lumnya.ai/pricing; the price you accept in the Shopify billing screen is authoritative.
Usage-based charges are capped: you set (or accept) a maximum, and the service stops incurring charges rather than exceeding it. Fees are exclusive of taxes; Shopify applies any VAT or sales tax per its billing rules. Except where the law requires otherwise, fees already incurred are non-refundable.
06Founding-merchant rates
Where we announce a locked founding rate for pilot merchants, that rate remains available to your store for as long as your subscription stays active on that plan. Lapsed subscriptions may re-subscribe at then-current pricing.
07Your responsibilities
You remain responsible for your store: the accuracy of your product data, prices, and policies (the assistant answers from them); compliance of your store and its products with applicable law; and your obligations to your own customers, including consumer-protection and privacy law. Lumnya is a tool that acts on your instructions and approvals — approving an action makes it your action.
You must use the service in line with the Acceptable Use Policy, which is part of these terms.
08AI outputs
The service uses large language models. AI outputs can be wrong, incomplete, or outdated despite our engineering to the contrary. That is exactly why consequential actions are confirm-gated: review them before you approve. We do not warrant that any individual AI response is accurate, and AI outputs are not legal, tax, or financial advice.
We engineer the assistant to stay within the limits you configure (for example discount floors). You should review your configuration and the audit trail regularly.
09Data protection
Our Privacy Policy explains what we process and why. For store and end-customer data, we act as your processor under the Data Processing Addendum at lumnya.ai/legal/dpa, which is incorporated into these terms.
10Third-party platforms
Lumnya runs on top of Shopify. Your use of Shopify is governed by your agreement with Shopify, and we are not responsible for Shopify's availability or acts. If Shopify's APIs or policies change in ways that affect features, we will adapt the service as reasonably practicable.
11Intellectual property & feedback
We own the service, its software, and its branding; “Lumnya” and “EMARKSS” are trademarks of EMARKSS LTD. You own your store data. You grant us the licence needed to process that data to provide the service — and nothing more. If you send us feedback or feature ideas, you grant us the right to use them without obligation, and we'll be genuinely grateful.
12Confidentiality
Each side will protect the other's non-public information with at least reasonable care and use it only for purposes of this agreement. This survives termination for three years; trade secrets are protected for as long as they remain trade secrets.
13Disclaimers
Except as expressly stated in these terms, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation. Nothing in these terms excludes liability that cannot lawfully be excluded.
14Liability
Neither party is liable for indirect, incidental, special, or consequential loss, or for lost profits, revenue, or data, arising out of this agreement, even if advised of the possibility.
Each party's total aggregate liability under this agreement is capped at the amounts you paid us for the service in the twelve months before the event giving rise to the claim (or £100 if you are on a free plan). This cap does not apply to your payment obligations, either party's confidentiality breaches, or liability that cannot lawfully be limited (including death or personal injury caused by negligence, or fraud).
15Indemnity
You will defend and indemnify EMARKSS against third-party claims arising from your store, your products, your violation of law, or your breach of the Acceptable Use Policy. We will defend and indemnify you against third-party claims that the service, as provided by us and used as intended, infringes their intellectual-property rights.
16Suspension & termination
You can stop using Lumnya at any time by uninstalling the app; paid plans cancel per Shopify's billing cycle. We may suspend or terminate access for material breach of these terms (including the AUP), for non-payment, or where required by law — with notice and a chance to cure where reasonable.
On termination we delete your workspace data per the DPA and Shopify's mandatory timelines. Sections that by nature survive (IP, confidentiality, liability, indemnity, governing law) survive termination.
17Changes to these terms
We may update these terms as the product evolves. For material changes we will notify you (by email or in the dashboard) at least 14 days before they take effect; continuing to use the service after that date means you accept the updated terms. The current version always lives at this URL.
18Governing law & contact
These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction — without prejudice to mandatory consumer or local-law protections that may apply to you. Questions about these terms: contact@lumnya.ai (subject: “Terms”).