Terms of Service

Last Updated: October 13, 2025

1. Introduction

Welcome to Lumay ("we," "our," or "us"). By accessing or using our digital legacy and will creation platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Service Description

Lumay provides a digital platform for:

  • Creating and storing digital wills and testamentary documents
  • Documenting digital assets and access instructions
  • Preserving family memories and wisdom through AI-assisted conversations
  • Managing beneficiary and executor information

3. Important Legal Disclaimer

LUMAY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE.

The Service provides self-help document preparation software and information of a general nature. The documents generated through our Service are based on general legal principles and state-specific requirements, but they are NOT a substitute for the advice of an attorney licensed in your jurisdiction.

We strongly recommend that you have any will or estate planning document reviewed by a qualified estate planning attorney in your state before execution. Estate laws vary significantly by state and individual circumstances, and professional legal guidance is essential for ensuring your documents are valid and enforceable.

Use of the Service does not create an attorney-client relationship between you and Lumay or any of its employees, contractors, or affiliates.

4. User Responsibilities

By using the Service, you agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Comply with all applicable laws and regulations
  • Not use the Service for any unlawful or fraudulent purpose
  • Ensure that any will created is properly executed according to your state's requirements
  • Seek professional legal advice for your specific circumstances
  • Review and update your documents regularly as circumstances change

5. Account and Security

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

6. Payment Terms

Certain features of the Service require payment. By purchasing these features, you agree to:

  • Pay all fees associated with your purchase
  • Provide accurate and complete payment information
  • Authorize us to charge your payment method for applicable fees

All payments are processed securely through third-party payment processors. We do not store your full credit card information.

7. Intellectual Property

The Service, including all content, features, and functionality, is owned by Lumay and is protected by copyright, trademark, and other intellectual property laws. You retain ownership of all content you create or upload to the Service, but you grant us a license to use, store, and display that content as necessary to provide the Service.

8. Data Security and Privacy

We take the security of your information seriously and implement industry-standard security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. For details on how we collect, use, and protect your information, please see our Privacy Policy.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LUMAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

  • Loss of data or information
  • Loss of profits or revenue
  • Legal disputes arising from documents created through the Service
  • Challenges to the validity or enforceability of documents
  • Errors or omissions in documents
  • Failure to comply with state-specific legal requirements

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX MONTHS PRECEDING THE CLAIM.

10. Will Validity and Execution

Creating a will through our Service is only the first step. For a will to be legally valid and enforceable, it must be properly executed according to your state's laws. Requirements typically include:

  • Signing the will in the presence of witnesses (usually 2-3, depending on state)
  • Witnesses who are not beneficiaries under the will
  • Notarization (required in some states for self-proving affidavits)
  • Mental capacity at the time of signing
  • Freedom from undue influence or coercion

We provide general guidance on execution requirements, but YOU ARE RESPONSIBLE for ensuring your will is executed properly according to your state's laws. Failure to follow proper execution procedures may result in your will being deemed invalid.

We strongly recommend consulting with an estate planning attorney to ensure compliance with all legal requirements.

11. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, for any reason including violation of these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease, though certain provisions of these Terms will survive termination.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for violations of intellectual property rights.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

14. Indemnification

You agree to indemnify, defend, and hold harmless Lumay and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, violation of these Terms, or violation of any rights of another party.

15. Contact Information

If you have questions about these Terms, please contact us at:

Email: legal@leavesfromthevine.com

Address: [Your Business Address]

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT LUMAY IS NOT A LAW FIRM, DOES NOT PROVIDE LEGAL ADVICE, AND THAT YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR LEGAL ADVICE SPECIFIC TO YOUR SITUATION.