Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by Lumara Technologies LLC ("Lumara," "we," "us," or "our"). By engaging our services or accessing our website, you agree to be bound by these Terms.

Acceptance of Terms

By accessing our website, submitting a contact form, or entering into a service agreement with Lumara, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Services Description

Lumara Technologies LLC provides software development, infrastructure consulting, and related technology services. Our offerings include but are not limited to:

• Development retainers with dedicated engineering hours
• Custom full-stack application development
• Infrastructure consulting and cloud migration
• Database migration and optimization

The specific scope, deliverables, and timelines for each engagement will be outlined in a separate Statement of Work (SOW) or service agreement.

Retainer Terms

For clients on a development retainer plan, the following terms apply:

• Retainers are billed monthly in advance at the agreed-upon rate.
• Hours are allocated per month and do not roll over to subsequent months.
• Time is tracked transparently and reported weekly.
• Retainer tiers can be adjusted with 30 days written notice after the initial 3-month period.
• Cancellation requires 30 days written notice. During the notice period, we will complete in-progress work and provide documentation for handoff.

Fixed-Price Project Terms

For fixed-price project engagements, the following terms apply:

• Project scope, deliverables, timeline, and pricing will be defined in a detailed proposal before work begins.
• Changes to the agreed scope may result in adjusted timelines and costs. Any scope changes will be documented and require written approval before additional work is performed.
• Payment milestones will be outlined in the project proposal, typically structured as a deposit, mid-project payment, and final payment upon delivery.
• All fixed-price projects include 90 days of bug fixes and support after final delivery.

Intellectual Property

We believe our clients should own their code. Upon full payment for services rendered:

• Client Ownership: All custom code, designs, and deliverables created specifically for your project are owned by you. We assign all intellectual property rights upon final payment.
• Source Code Access: You receive full access to all source code repositories, infrastructure credentials, and documentation.
• Open Source Components: Projects may incorporate open-source libraries and frameworks, which remain subject to their respective licenses. We will provide a list of all open-source dependencies used.
• Pre-Existing IP: Any tools, libraries, or components that existed prior to the engagement and are used in your project will be licensed to you on a non-exclusive, perpetual basis.

Payment Terms

• All prices are quoted in US Dollars (USD).
• Invoices are due within 15 days of receipt unless otherwise agreed in writing.
• Late payments may incur a fee of 1.5% per month on the outstanding balance.
• We reserve the right to pause work on any project with overdue invoices.
• Refunds are handled on a case-by-case basis and are limited to work not yet completed.

Limitation of Liability

To the maximum extent permitted by applicable law:

• Lumara Technologies LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to our services.
• Our total liability for any claim arising from our services shall not exceed the total amount paid by you for the specific service giving rise to the claim in the 12 months preceding the claim.
• We are not responsible for damages resulting from third-party services, hosting providers, or force majeure events.

Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Except for this express warranty, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

Termination

Either party may terminate a service agreement under the following conditions:

• For Convenience: Either party may terminate with 30 days written notice.
• For Cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 15 days of written notice.
• Effect of Termination: Upon termination, we will deliver all completed work, provide documentation, and hand off access credentials. Payment is due for all work completed up to the termination date.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the engagement. This obligation survives the termination of any service agreement. We are happy to sign NDAs and other confidentiality agreements as needed.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Texas.

Changes to These Terms

We reserve the right to update these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms of Service, please contact us: