Meta Flow Ltd. (d/b/a Lumen), a corporation organized under the laws of Israel, and its subsidiaries (collectively, “Lumen”, “Company”, “we”, “us“ or “our”) welcome you (each a “User” and “you”) to: (i) Lumen's website located at lumen.me (the “Website“); (ii) Lumen's proprietary metabolic breath analyzer (“Lumen Device“); and (iii) Lumen's mobile and web application platforms (“Lumen App”). The Website, Lumen Device and Lumen App enable Users, including subscribers, to access Lumen's services, which include food, lifestyle and wellness suggestions based on a User’s day-to-day life, preferences, activities, sleep habits, and real-time assessments of carbohydrate availability and metabolic fuel use as measured through the Lumen Device (collectively the “Lumen Services”). The term “Lumen Accessories“ refers to accessories or auxiliary products designed to be used solely with the Lumen Device.

The Website, the Lumen Device, the Lumen App, the Lumen Services, and any Lumen Accessories, as applicable, are referred to collectively as the “Services”. You may access and use the Services only in accordance with these terms of use (“Terms of Use”) and the policies referenced below each as may be updated from time to time (collectively “Incorporated Policies”):

- Privacy Policy

- Notice of Privacy Practices, if applicable – Notice of Privacy Practices

- Subscription Policy – Subscription Policy

- Shipping and Delivery Policy – Shipping and Delivery Policy

- Refund and Return Policy – Refund and Return Policy

- Warranty & Safety Policy – Warranty & Safety Policy

The Incorporated Policies do not include, and these Terms do not govern, any program-specific terms, policies or rules applicable to any other services or programs, such as the GPL-1 Program, which are provided separately as described below.

By creating or accessing an Account, or by accessing, connecting to, purchasing, subscribing to or otherwise using any part of the Services, you confirm that you have read and understood, and agree to be bound by, these Terms of Use and the Incorporated Policies (together, the “Terms”). You also agree to comply with all applicable laws and regulations in connection with your use of the Services. If you do not agree to the Terms, you may not access or use the Services. You acknowledge that the Terms constitute a binding and enforceable legal contract between you and Lumen.

Order of precedence. If there is any conflict or inconsistency between these Terms of Use and any Incorporated Policy, these Terms of Use will control, unless the applicable Incorporated Policy expressly states that it controls specific subject matter at issue. If there is any conflict among Incorporated Policies, the applicable policy that most directly governs the subject matter will control, unless it expressly states otherwise.

ELIGIBILITY. The Services are designed to be accessed and used only by individuals who are over the age of 18, and are not: pregnant, subject to specific dietary restrictions, or suffering from metabolic, respiratory medical conditions. IF YOU DO NOT MEET THESE REQUIREMENTS YOU MUST REFRAIN FROM USING THE SERVICES. Please note that adherence to a ketogenic diet may distort the accuracy and reliability of the metabolic analysis provided by the Lumen Device, and as a result, the Services may not work optimally for users following such a diet. For more information, visit our Lumen & Keto webpage.

If you download, access, or use the Lumen App through the Apple App Store, Google Play, or any other third-party app marketplace or distribution platform (each, an “App Store“), you acknowledge and agree that: (a) these Terms are concluded between you and Lumen only, and not with the App Store, and Lumen (and not the App Store) is solely responsible for the Lumen App and its content; (b) your use of the Lumen App must comply with the App Store's then-current terms, rules, and policies applicable to you; (c) Apple and Google (and their subsidiaries) are intended third-party beneficiaries of this section and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce this section against you as a third-party beneficiary.

CHANGES TO TERMS. We may update these Terms from time to time, in our sole discretion, by posting the revised Terms on the Website (and/or through the Lumen App) and updating the “Last Updated“ date. If we make a material change, we will provide notice through the Website or the Lumen App or by email to the address associated with your Account. Material changes will become effective thirty (30) days after such notice. All other changes will be effective as of the “Last Updated” date. Your continued use of the Services after the applicable effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and terminate your Account.

1. GLP-1 Programs

All GLP-1 programs offered by Lumen (“GLP-1 Programs”), the telehealth platform and the telehealth products and services made available in connection with such platform (collectively, “Telehealth Services”), will be subject to and governed by: (a) the GLP-1 Program terms of service, available at: GLP-1 Program Terms of Service; (b) the Telehealth Services privacy policy, available at: Privacy Policy applicable to the Telehealth Services (“Telehealth Privacy Policy”); and (c) the Telehealth Services informed consent available at: Informed Consent for Telehealth Services (collectively, the “Telehealth Terms and Conditions”). The Privacy Policy shall not apply to the Telehealth Services.

2. The Services

2.1 The Services include (i) personalized nutrition and fitness suggestions, plans, and recommendations (“Suggestions”); (ii) a digital breath analyzer device that measures and analyzes the User’s real-time metabolic data, including, without limitation, lung capacity, inspiratory capacity, exhaled volume, and CO2 (“Metabolic Data”); and (iii) the Lumen App and related support features. Lumen may also offer, for an additional fee, a nutrition guidance program as an add-on that may include chat access to Lumen’s nutrition team, 1:1 online consultations, and other personalized guidance (“Nutrition Guidance Program“). Lumen may engage, replace, or substitute any nutritionist at any time, with or without notice. Lumen nutritionists are not licensed medical professionals, and any information provided by them is for informational and educational purposes only and is not medical advice. Your interactions with Lumen nutritionists do not create and will not be deemed or construed to create a physician-patient relationship or any other legal duty or standard of care.

2.2 The Services may generate, collect, and process data produced through your use of the Lumen Device and the Lumen App, including device identifiers, device status and diagnostic data, connectivity data, usage logs, measurements and results generated from your breath readings and related inputs, and derived metrics, insights and recommendations generated from the foregoing (collectively, “Product-Generated Data”).

2.3 Lumen may, in its sole discretion, determine which features, settings, or tools are available as part of the Lumen App and Services. Lumen may also modify, correct, amend, update, upgrade, improve, remove, replace, suspend, or discontinue any feature or functionality of the Lumen App and Services, temporarily or permanently, with or without notice, and without liability to you. Not all features are described in these terms, and certain features may be subject to additional terms and conditions.

2.4 The availability and functionality of the Services depend on various factors, including communication networks and third-party services. Lumen does not warrant or guarantee that the Services will be available at all times, uninterrupted, secure, or error-free.

2.5 Lumen may modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services (or any part thereof) without notice, at any time and at its sole discretion. You agree that Lumen shall not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services or any content included in our Services.

2.6 The Services are provided solely as a wellness product for metabolic measurement, reading and tracking and are not a medical product or medical device. The Services do not provide medical advice or diagnoses and are not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition. Any plan, recommendation, content or suggestion made available through the Services is provided for informational and wellness purposes only and is not, and should not be construed as, medical or other professional advice, diagnosis or treatment, or a substitute for consultation with a qualified healthcare professional.

2.7 IF YOU HAVE, OR SUSPECT ANY MEDICAL CONDITION, YOU MUST CONSULT YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER BEFORE USING THE SERVICES. RELIANCE ON ANY INFORMATION OR RECOMMENDATIONS PROVIDED VIA THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THEM.

2.8 LUMEN DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, NOR DOES IT PROVIDE ANY PROFESSIONAL HEALTH RELATED ADVICE OR ANY MEDICAL DIAGNOSES. THE SERVICES ARE PROVIDED “AS IS.” LUMEN HAS NO LIABILITY WHATSOEVER WITH RESPECT TO THE INFORMATION AND SUGGESTIONS PROVIDED, GENERATED, OR CONCLUDED IN CONNECTION WITH THE USE OF THE SERVICES. ANY INFORMATION GENERATED, PROVIDED, OR CONCLUDED USING THE SERVICES IS DEPENDENT ON THE ACCURACY AND RELIABILITY OF THE USER CONTENT AND ANY OTHER INFORMATION ENTERED AND UPLOADED BY YOU. YOU AGREE THAT LUMEN IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE SERVICES, AND THE RELIANCE ON ANY INFORMATION OR SUGGESTION PROVIDED THEREBY, BY YOU OR ANY OTHER USER. UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, LUMEN DOES NOT IN ANY WAY, ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN WHOLLY OR PARTIALLY IN RELIANCE ON THE SERVICES OR ANY INFORMATION CONVEYED VIA THE SERVICES, OR OBTAINED THEREFROM, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF. THE LUMEN DEVICE IS NOT AN INSTRUMENT, APPARATUS, IMPLEMENT, MACHINE OR CONTRIVANCE, OR OTHER SIMILAR OR RELATED ARTICLE, INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF THE BODY. ANY DECISION OR ACTION YOU TAKE BASED ON ANY OUTPUT AND/OR INFORMATION PROVIDED VIA USE OF THE LUMEN DEVICE IS TAKEN AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND THE LUMEN DEVICE ARE ENTIRELY AT YOUR OWN RISK.

3. Create an Account and Registration

3.1 To use the Services, you first must register and create a personal account (“Account”). During the registration you will be asked to provide: your name, photograph (optional), phone number, e-mail address, date of birth, gender, and other demographic information, your habits, goals, etc. During the registration process, you may be required to choose a password and username for your Account or login through social networks. If you choose to login using social networks, such networks will share information with Lumen, based on your preference (all collectively, “Account Information“). You are solely responsible for all activities conducted through your Account, regardless of whether or not such activities are authorized by you. You may not share your login credentials, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. If you become aware of, or have reason to suspect, any security breach related to your Account you must promptly notify us and update your login credentials.

3.2 While using the Services, you may (i) complete questionnaires regarding your personal motivation or goals, and (ii) upload photos or other information relating to your workouts, sleep quality, bowel movements, weight changes, and similar matters, either directly (for example, by completing forms or uploading content) or indirectly by connecting to Third-Party Connections (as defined below). All such information and materials, together with the Account Information, Metabolic Data, and any other content that you provide or that is automatically collected about you (as defined below), are referred to in this Agreement as “User Content“.

3.3 User Content may include content and information linked from third party products, websites or services, such as fit apps, step monitoring, etc. (“Third-Party Connections”) that the Users choose to connect with the Lumen App. Lumen does not endorse, approve, monitor, warrant, or make any representations with respect to Third-Party Connections. Linking or embedding to Third-Party Connections does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party and Lumen is not responsible for any Third-Party Connections and expressly disclaims any warranties regarding Third-Party Connections, including its accuracy, quality and non-infringement. Lumen is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Third-Party Connections.

3.4 You must provide accurate and complete information when registering your Account and promptly update any changes to your information (including contact details). You agree not to misrepresent your identity or age, nor to create an Account on behalf of anyone other than yourself or use any information or accounts you are not authorized to use. Subject to applicable laws, we reserve the right to terminate, block and suspend any Account, as well as remove or reclaim any username at any time and for any reason, including but not limited due to breach or suspected breach of these Terms or any third party’s rights, without liability to you, including for any data loss.

3.5 To use the Services, you will be required to connect the Lumen Device to your Account. Each Lumen Device is designated for use only by a single registered User, except as expressly permitted under Duo Subscription (as defined below).

3.6 We may send you service-related communications (administrative messages, receipts, purchase confirmations, subscription notices, changes to the Services or these Terms, and other operational communications) by email, in-app notifications, push notifications, or other electronic means. You agree that we may provide such service-related communications to you electronically and that they do not require your consent and are not “direct marketing“. Where permitted by applicable law, and subject to your choices, we may also send you marketing communications (for example, offers, promotions, and product updates) by email, push notifications, or similar channels. You can opt out of marketing communications at any time (i) by using the unsubscribe link in marketing emails, (ii) by changing your communication preferences in your Account or in the Lumen App (where available), or (iii) by contacting us at support@lumen.me. Opting out of direct marketing or marketing communications will not affect your receipt of service-related communications.

3.7 SMS/text messaging (TCPA). If you provide your mobile number, you consent to receive text messages from or on behalf of Lumen at that number. Messages may include (a) service-related or transactional messages (such as order confirmations, account notices, security alerts, and subscription-related notices) and, if you separately opt in where required, (b) marketing or promotional messages (including messages sent using an automatic telephone dialing system or other automated technology). Consent to receive marketing text messages is not a condition of purchase. Message frequency may vary. Message and data rates may apply. You can opt out of marketing text messages at any time by replying STOP to any marketing text message (or by following any other opt-out instructions provided in the message). You may receive a final text message confirming you opt-out. For help, reply HELP or contact us at support@lumen.me. If you opt out of marketing texts, you may still receive service-related text messages that were permitted by law (for example, for security or account-related purposes). You agree to notify us if your mobile number has changed or is deactivated.

4. Use Restrictions and Representations

4.1 You are solely responsible for your behavior when accessing or using our Services. You may not, and you may not enable or assist anyone else to, directly or indirectly: (a) alter, modify, edit, create derivative works of, or bypass any feature or functionality of the Services; (b) claim any proprietary rights in or to the Services, or remove, amend, or obscure any proprietary rights notices; (c) disable, interfere with, or circumvent any security-related features of the Services, or impair its performance; (d) use, access, or attempt to use or access the Services with malicious code or through any automated means, including but not limited to scraping, crawling, robots, or spiders; (e) use the Services to promote, conduct, or contribute to fraudulent, illegal, or otherwise inappropriate activities or in any manner that violates any applicable national, federal, state, local, or international law, rule, or regulation; (f) use the Services in a manner that compromise the privacy of others; or (g) decompile, disassemble, reverse engineer, translate, copy, circumvent, hack, or attempt to extract the source code of the Services.

4.2 You represent and warrant  throughout your use of the Services that: (i) you are at least 18 years of age have full legal authority to agree to these Terms, and there is no restriction, limitation, contractual obligation, or statutory obligation which prevents you from fulfilling your obligation under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to your use of and access to the Services; (iii) your use of the Services has not been previously blocked, suspended or terminated including under different accounts; (iv) you will not authorize a third party to do any of the foregoing; (v) any and all information you provide us through the Services is true and accurate; and (vi) you will not infringe or violate the Terms.

5. User Generated Content

5.1 Certain features of the Services may allow you to post, upload, submit, or edit content, including nicknames, photos, fitness or health-related data, text, testimonials, and updates (collectively, “User Generated Content”). You choose whether to make any User Generated Content available through the Services and you do so at your own risk and sole responsibility.

5.2 You represent and warrant that: (i) you own, or have obtained and will maintain, all rights, licenses, consents, releases, and permissions necessary to upload, post, and share your User Generated Content and to authorize Lumen to host, use, reproduce, display, and otherwise make it available through the Services and any Social Groups as contemplated by the Services; and (ii) your User Generated Content, and Lumen's use of it as permitted under these Terms, does not and will not infringe, misappropriate, or otherwise violate any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights.

5.3 You further agree that any User Generated Content you post or upload will not include: (i) spam unsolicited promotions, advertising, contests, or raffles; (ii) unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening, or vulgar; (iii) is unlawfully discriminatory; (iv) content that encourages criminal conduct, constitutes a criminal offense, or could give rise to civil liability; or (v) content that might reasonably pose a risk to any person’s safety, security, or health. The above examples of unlawful and prohibited User Generated Content do not constitute an exhaustive list.

5.4 You may also choose to participate in Lumen social groups (“Social Groups”), which may allow you to share User Generated Content with other users. Participation is voluntary. If you do not want to join a Social Group, do not accept the invitation or otherwise participate. Lumen does not control, endorse, or assume any responsibility for User Generated Content, including User Generated Content shared through Social Groups, and makes no obligation to treat any User Generated Content as confidential. You are solely responsible for your User Generated Content and the consequences of posting or sharing it, including its accuracy, completeness, and legality.

5.5 By posting User Generated Content, you grant Lumen an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, in connection with the Services, in any media. Lumen shall not bear any liability for any use by any third party of the User Generated Content.

5.6 Lumen explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Generated Content available on the Services at any time and for any reason. If you believe a User acted inappropriately including, but not limited to, offensive, violent, or sexually inappropriate behavior or content, please report immediately such person to the appropriate authorities and to us. Lumen respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service. Lumen's policy is to remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service. Lumen has the discretion to terminate or suspend the User’s access to our Services and where applicable, the Account, upon receipt of a notification of claimed infringement or at Lumen's sole determination. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly notify and contact us at: support@lumen.me.

5.7 In accordance with applicable laws, Lumen may remove any content or information if Lumen reasonably determines that it violates these Terms or is required to do so by law. Additionally, Lumen may disable, suspend, or terminate your Account or access to our Services if you violate our Terms, or breach of any other applicable laws or third party’s rights. Lumen may employ automated content moderation tools to detect potentially illegal or non-compliant content and may also receive notifications and complaints from third parties. Such notifications are subject to human review and are not processed solely by automated means. If Lumen removes any User Content, or disables, suspends, or terminates your access to the Services or your Account, you may contact us and appeal our decision.

6. Artificial Intelligence Features

6.1 Lumen uses artificial intelligence and other analytical algorithms to create a personalized “metabolic coach” experience that provides metabolic insights and wellness-oriented recommendations. Specifically, Lumen may combine Lumen’s proprietary physiological signals (including breath-derived measurements and related in-app metrics) with lifestyle data (such as nutrition, activity, sleep, and other wellness inputs) and User Content (e.g., age, sex, allergies, food preferences, and selected goals) to identify patterns, estimate metabolic states or trends, and tailor guidance intended to help users understand and improve their metabolic health and metabolic flexibility.

6.2 AI features may include: (a) nutrition plan support, where a User’s recommended daily macros are translated into a practical daily meal plan based on stated preferences, allergies, and other constraints; (b) easier tracking, such as enabling food logging via photo and/or voice-to-text to reduce manual entry; (c) daily and momentary (single breath) insights, where Lumen helps Users understand their current metabolic status, suggests what action to take next, and retrospectively connects recent lifestyle behaviors (e.g., nutrition, activity, sleep) to the measured status; (d) weekly summaries and coaching, where Lumen summarizes metabolic flexibility or state over time, highlights correlations between lifestyle behaviors and metabolic patterns, recommends next steps, and links improvements in metabolic state to the User’s stated goals; (e) chat interface; and (f) personalized content generation, where Lumen may generate individualized explanations, tips, or coaching messages tailored to the User’s data and objectives. Lumen may use certain data you provide or generate through your use of the AI features (including prompts, messages, and other inputs, and the resulting outputs) to provide, maintain, protect, and improve the AI features and the Services, as further described in the Privacy Policy and subject to applicable law and any choices available to you.

6.3 The AI features may process information you submit, upload, or otherwise provide to the Services in connection with AI features (including prompts, messages, and any accompanying content) (“AI Input”) and may generate responses, recommendations, summaries, or other results (“AI Output”). As between you and Lumen, and to the extent permitted by applicable law, you retain your ownership rights (if any) in your AI Input and your AI Output. You grant Lumen a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works from, and otherwise process AI Input and AI Output solely to provide, maintain, secure, and support the Services, and to develop and improve Lumen’s products and Services, including the AI features. Lumen may also use AI Input and AI Output in aggregated or de-identified form for analytics, research, and improvement purposes, to the extent permitted by applicable law and as described in the Privacy Policy. Where required by applicable law, Lumen will obtain any necessary consents and will provide applicable choices regarding such uses as described in the Privacy Policy.

6.4 You represent and warrant that you will not submit through the AI features: (a) personal data of any other person (including health-related information) unless you have obtained all necessary rights and legally valid consents to provide it for processing under these Terms and the Privacy Policy; (b) any confidential information, trade secrets, or proprietary information (yours or any third party’s) that you do not wish to be processed to provide, protect, and improve the Services and AI Features; or (c) sensitive identifiers (such as government-issued identification numbers), payment card information, account passwords, or other credentials. You are responsible for ensuring that your AI Input complies with applicable law and does not infringe, misappropriate, or otherwise violate any third-party rights.

6.5 AI Outputs are provided solely for informational and wellness-related purposes, and due to the inherent limitations and characteristics of artificial intelligence, AI Outputs may, at times, be incomplete, inaccurate, probabilistic in nature, non-unique, or substantially similar or identical to AI Outputs provided to other users. For the avoidance of doubt, AI Outputs do not constitute medical advice, diagnosis, or treatment. Users are solely responsible for exercising their independent judgment and should consult with qualified healthcare professionals as appropriate prior to relying on or acting upon any such AI Outputs. For clarity, AI Outputs may be similar or identical to content generated by other users, and such similarity does not imply that any AI Output was copied from another user, or that any other user has any rights in your AI Output (or you have any rights in theirs).

6.6 You hereby acknowledge and agree that, due to the inherently unpredictable nature of artificial intelligence systems, the results produced by the Services may not always align with your expectations or the intended functionality. While commercially reasonable efforts are employed to ensure the AI features function as described, AI-generated content may, from time to time, contain unintended modifications, alterations, or deviations from the stated purpose of the feature. You further acknowledge and agree that: (a) such unintended results are inherent limitations of current AI technology that Lumen cannot fully prevent or control; (b) Lumen does not intentionally cause such modifications and undertakes commercially reasonable efforts to minimize their occurrence; (c) you bear sole responsibility for reviewing all AI-generated content before using or sharing it; and (d) Lumen expressly disclaims any and all responsibility or liability for any unintended modifications or any consequences arising therefrom. If you are uncomfortable with these limitations, you should refrain from using our AI features.

7. Orders of Lumen Device and Subscriptions

7.1 You may purchase the Lumen Device either directly on the Website, or through authorized third-party providers or resellers (which may be subject to different pricing and terms, as determined by such third parties). To access and enjoy the full Lumen Services, you must hold a Lumen Device and maintain an active membership subscription (“Subscription”) which is governed by the terms and conditions set forth in our Subscription Policy. For more information, please visit: https://www.lumen.me/subscription-policy.

7.2 The Lumen Device and shipping costs (if applicable) may be eligible for reimbursement under Health Savings Accounts (HSA) and Flexible Spending Accounts (FSA), in the US. You should contact your plan provider to confirm that the purchase satisfies all applicable eligibility and other plan requirements, which are determined by individual plan providers and employers. You can purchase the Lumen Device using your FSA or HSA cards or any accepted payment method and then submit the purchase to your HSA or FSA administrator for reimbursement in accordance with their plan's terms and procedures. For specific advice, consult your plan provider. Lumen may, from time to time, make HSA/FSA reimbursement support available or unavailable, and Lumen does not guarantee that HSA/FSA reimbursement will be available for any particular purchase. At present, reimbursement through FSA or HSA accounts is not available for any Subscription renewals. Please note that, at the time of Subscription renewal, you may be required to provide updated billing information, as payment via HSA or FSA cards will not be accepted.

7.3 Our Refund and Return Policy, available at https://www.lumen.me/refund-and-return-policy sets forth and governs all your options regarding cancellation, returns, and refunds for a Lumen Device purchase through our Website.

7.4 Delivery and shipping of the Lumen Device purchase through our Website is subject to and governed by the Shipping Policy available at: https://www.lumen.me/shipping-policy.

7.5 The warranty for the Lumen Device and the related safety instructions are provided under the Lumen Warranty & Safety Policy available at: https://www.lumen.me/warranty.

7.6 Lumen gift card (“Gift Card”) may be made available for purchase from time to time, at Lumen's discretion, only in eligible countries, and may be redeemed only once. Refunds (if required) are issued to the Gift Card, not cash, and statutory rights are unaffected. Except where required by applicable law, Gift Cards may not be returned or redeemed for cash. Resale, transfer for value, or other unauthorized distribution of Gift Cards is strictly prohibited. Gift Cards cannot be used in conjunction with any other promotional or discount codes, including any referral discounts or other special offers, unless expressly stated otherwise by Lumen in writing. Risk of loss and title to a Gift Card pass to the purchaser upon Lumen's electronic transmission of the Gift Card to the purchaser or the designated recipient. Lumen is not responsible for any Gift Card that is lost, stolen, destroyed, or used without your permission. Gift Cards expire on the date shown on the Gift Card (if any), subject to applicable law. Lumen reserves the right to void, suspend, or refuse redemption if you suspect fraud, unauthorized activity, or policy violations (and handle this subject to applicable law).

7.7 You are solely responsible for the payment of any and all taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to VAT, sales or use, that are imposed by any jurisdiction in connection with any and all amounts payable by you in relation to the Services, including, without limitation, fees for the purchase of the Lumen Device and any other fees payable pursuant to the Incorporated Policies.

7.8 Lumen reserves the right, at its sole discretion and at any time change the price of the Lumen Device and Services, without any prior notice. However, any price changes of the Lumen Device will not apply to orders that have already been placed through our Website before any change takes effect.

8. Termination and Suspension of the Services

8.1 You may terminate these Terms at any time by discontinuing your use of the Services and, where available, deleting your Account. To the extent permitted by applicable law, we may suspend or terminate these Terms or your access to all or any part of the Services at any time, with or without cause, and with or without notice, effective immediately. Upon any expiration or termination of these Terms, all rights and licenses granted to you under these Terms will automatically terminate and you must promptly cease all use of the Services. Termination may result in loss of access to, and deletion of, information and data associated with your use of the Services, subject to our data retention and deletion practices described in the Terms and Privacy Policy. Any provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, dispute resolution, and any accrued payment obligations.

8.2 NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. LUMEN SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.

8.3 Subject to applicable law and our Privacy Policy, you may access certain Product-Generated Data within the Lumen App and, if functionality is available, export a copy of such data through in-app export tools or by submitting a request to Lumen through the support channels identified on the Website or in the Lumen App. Where required by applicable law (including, where applicable, the EU Data Act), you may also request that Lumen share Product-Generated Data with a third party designated by you, provided that (i) the request is made through the process specified by Lumen, (ii) Lumen can reasonably authenticate the request and your authority to make it, (iii) the requested sharing is technically feasible through available interfaces, and (iv) the third party agrees to any reasonable technical and security requirements that Lumen may apply to protect the Services and the data. Lumen may deny or limit a request to access, export, or share Product-Generated Data to the extent permitted by applicable law, including where necessary to protect the rights of others, prevent fraud or abuse, comply with legal obligations, or protect the security and integrity of the Services. If you close your Account or if your access to the Services is terminated, Lumen will retain Product-Generated Data for as long as reasonably necessary for the purposes described in the Privacy Policy, including to provide the Services, comply with legal obligations, resolve disputes, enforce the Terms, and maintain business records, and will delete or anonymize Product-Generated Data in accordance with the Privacy Policy and applicable law. Some Product-Generated Data may remain in backup or archival systems for a limited period after deletion in the ordinary course of business.

9. Intellectual Property Rights

9.1 Subject to your compliance with these Terms, Lumen grants you a limited, personal, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable, time-limited license to access and use the Services solely for your own internal, non-commercial use and only as made available by Lumen. Except for this limited license, no rights are granted to you, whether by implication, estoppel or otherwise, and Lumen and its licensors retain all right, title and interest in and to the Services, including the App, the Lumen Device and the Website.

9.2 Lumen’s names, logos and other trademarks, service marks and trade dress used in connection with the Services (collectively, the “Lumen Trademarks”) are owned by Lumen or its licensors. These Terms do not grant you any right, license or interest in the Lumen Trademarks. You agree not to use, register, adopt or otherwise exploit any Lumen Trademark (or any confusingly similar mark) without Lumen's prior written authorization, and not to challenge or assist others in challenging Lumen's rights in the Lumen Trademarks.

9.3 Services, and all intellectual property and proprietary rights therein and related thereto, including all inventions, patents and patent applications, trademarks, trade names, logos, copyrightable works, graphics, text, images, designs (including the “look and feel“), specifications, methods, processes, information, know-how, algorithms, data, technical data, interactive features, files, interfaces, source code, object code and trade secrets, and any improvements, enhancements, modifications and derivative works of any of the foregoing (collectively, “Intellectual Property”), are owned by or licensed to Lumen and are protected by applicable intellectual property laws and treaties (including under Israeli law and applicable local law). Except as expressly permitted under these Terms, you may not copy, modify, translate, create derivative works from, distribute, sell, lease, sublicense, transfer, publicly display, publicly perform, republish, transmit, reverse engineer, decompile or disassemble any portion of the Services or the Intellectual Property, or otherwise attempt to discover any source code or underlying ideas or algorithms. You may not remove, alter or obscure any proprietary notices or labels (including copyright, trademark, patent and other notices) appearing in or on the Services, the Website or any related content, and you agree to comply with all applicable laws in connection with your use of the Services.

10. Our Privacy Practices

10.1 We respect our Users’ privacy rights. When you access and use our Services, we will collect, store and use certain information regarding you and your use of the Services, including personal data and, depending on how you use the Services, information that may be considered sensitive (such as health-related information) under applicable law. We will use and process personal data in accordance with our Privacy Policy, as may be updated from time to time, which describes (among other things) the categories of personal data we collect, the purposes for which we use it, the legal bases (where applicable), how long we retain it, and the choices and rights that may be available to you. For information about our Telehealth Services (if any), please review the applicable Telehealth Terms and Conditions, Telehealth Privacy Policy and privacy notices, which may differ from our Privacy Policy.

10.2 If you use any AI-enabled features, we may process the information you provide (including prompts, messages, and other inputs) and related outputs to provide and maintain those AI features, help keep the Services safe and secure, and improve and develop our products and services, as described in the Privacy Policy. Please do not submit personal data of others, payment information, government identifiers, or other sensitive information through AI features unless specifically requested by the Services and you have the lawful right to provide it.

11. Disclaimer and Warranties, Limitation of Liability

11.1 To the maximum extent permitted by applicable law, Services (including the Website, the Lumen App, the Lumen Device, and all content, features and functionality or any other services or products) are provided on an “as is” and “as available“ basis, without warranties or conditions of any kind, whether express, implied or statutory, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. Without limiting the foregoing, Lumen does not warrant that the Services (or any content made available through the Services) will be accurate, complete, reliable, current, error-free, uninterrupted, secure, or free of viruses or other harmful components, or that any defects will be corrected. You acknowledge that your use of the Services is at your own risk. This disclaimer does not affect any statutory rights that cannot be excluded or limited under applicable consumer protection laws (including, where applicable, your rights in respect of defective goods and digital content or services). Lumen does not warrant that the operation of the Services will be uninterrupted, timely, secure, or error-free, or that the Services or any communications sent through the Services will be free of viruses, worms, malware, or other harmful components. You are responsible for using appropriate safeguards to protect your device(s), systems, and data.

11.2 No medical advice; device limitations. The Services may provide general information, insights, or suggestions that are for informational and wellness purposes only. They are not medical, clinical or professional advice, and are not intended to diagnose, cure, mitigate, treat or prevent any disease or other condition, or to affect the structure or any function of the body. Lumen does not warrant or represent that any content, insight, suggestion, recommendation, or output available through the Services (including any results generated by the Lumen Device or any metabolic or other measurements and derived metrics) is accurate, complete, or appropriate for your specific circumstances. You should not rely on the Services as a substitute for professional medical advice, diagnosis, or treatment, and you should consult a qualified healthcare provider regarding any health questions or before making decisions based on the Services.

11.3 To the maximum extent permitted by applicable law: (i) Lumen will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenues, business, goodwill, data, or other intangible losses, arising out of or related to your access to or use of (or inability to access or use) the Services, even if Lumen has been advised of the possibility of such damages; and (ii) Lumen's total aggregate liability for all claims arising out of or relating to the Services and these Terms will not exceed the amounts paid by you to Lumen for the Services in the twelve (12) months preceding the event giving rise to the claim, or US$100, whichever is greater. The limitations in this section do not exclude or limit liability to the extent it cannot be excluded or limited under applicable law, including (where applicable) liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful misconduct, or gross negligence, or for statutory consumer rights and mandatory product liability regimes.

12. Indemnification

12.1 You agree, to the extent permitted by applicable law, to defend, indemnify and hold harmless Lumen and its affiliates, and each of their respective officers, directors, employees and agents, from and against any third-party claims, demands, actions or proceedings, and all related damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use of, or activities in connection with, the Services in violation of these Terms or applicable law; (b) your violation of any third party right (including intellectual property, privacy, or publicity rights) through or in connection with your use of the Services; or (c) your fraud, gross negligence, or willful misconduct. Lumen may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you (in which event you will cooperate with Lumen in asserting any available defenses), and you may not settle any such matter without Lumen's prior written consent if the settlement would impose any obligation or admission of fault on, or release any claims of, Lumen. This indemnification obligation will survive any termination or expiration of these Terms.

12.2 Some jurisdictions do not allow certain indemnity obligations or limit a consumer’s ability to indemnify a company for the company’s own negligence or misconduct. Nothing in this section requires you to indemnify Lumen for Lumen’s own fraud, willful misconduct, or gross negligence, or for any liability that cannot be shifted to you under applicable law.

13. Dispute Resolution and Governing Law

Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the applicable laws as described herein. Any dispute arising out of or related to your use of the Website and/or the Service will be brought in, and you hereby consent to the exclusive jurisdictions and venues of the following competent courts and under the following governing law:

a) If your primary residence is in the USA, the law governing the relationship between you and Lumen and the exclusive jurisdiction shall be: the laws of the state of New York and the city of New York (respectively); b) If your primary residence is in Europe, the law governing the relationship between you and Lumen and the exclusive jurisdiction shall be: the laws of England and Wales and the city of London (respectively); c) If your primary residence is in Israel or in any other territory not mentioned in a) or b) above, the law governing the relationship between you and Lumen and the exclusive jurisdiction shall be: the laws of the State of Israel and the city of Tel Aviv.

14. Miscellaneous

These Terms (together with any Incorporated Policies) constitute the entire agreement between you and Lumen regarding your access to and use of the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, relating to the Services. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable (or, if not possible, severed). You may not assign, transfer, or delegate any of your rights or obligations under these Terms without Lumen's prior written consent, and any attempted assignment in violation of this section is void.

Lumen may assign or transfer these Terms (in whole or in part), and may delegate its obligations, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. No failure or delay by Lumen in exercising any right, power, or remedy will operate as a waiver of that right, power, or remedy, and no waiver will be effective unless in writing and signed by Lumen. Lumen will not be liable for any delay or failure to perform to the extent caused by events beyond Lumen's reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, interruptions or failures of telecommunications, internet or hosting services, power failures, or governmental actions (each, a “Force Majeure Event“).

You represent and warrant that (i) you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive sanctions or embargoes; and (ii) you are not, and are not acting on behalf of, any person or entity that is the subject of sanctions or otherwise designated on any restricted or denied party list maintained by the United States, the European Union, the United Kingdom, Israel, or any other applicable authority. You agree that you will not access, use, export, re-export, transfer, or make available the Services in violation of applicable export control or sanctions laws and regulations. Lumen may suspend or terminate your access to the Services to the extent required to comply with applicable export control and sanctions laws and regulations.

15. Contact us

If you have any questions concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: support@lumen.me.