Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Lumière (“Lumière,” “we,” “us”) and the event organizer, nonprofit, agency, or other entity that creates an account or purchases a plan (“Customer,” “you”). By creating an account, purchasing a plan, or using the service, you accept these Terms. If you accept on behalf of an organization, you represent that you have authority to bind it.

These Terms govern the business relationship with Customers. Event attendees and guests who interact with public pages (such as RSVP) are not parties to these Terms; their data is handled as described in our Privacy Policy.

Lumière is a software-as-a-service platform for planning and running galas and similar events: guest and attendee management, bid (paddle) and raffle numbers, meal preferences and allergy briefs, table and seating assignments, live auction management, raffle draws, door check-in (including offline-resilient check-in), public RSVP collection, and related reporting. Features vary by plan. We grant you a limited, non-exclusive, non-transferable right to access and use the service for your internal business purposes during your subscription or engagement, subject to these Terms.

• You must provide accurate account information and keep it current.
• You are responsible for all activity under your account and for safeguarding credentials, including on shared door-staff devices.
• You are responsible for the people you authorize (staff, volunteers, contractors) and their compliance with these Terms.
• Notify us promptly of any suspected unauthorized access.

You agree not to:

• Use the service in violation of applicable law, including privacy, anti-spam, and consumer-protection laws;
• Upload or collect data you do not have the right to process, or use guest data for purposes unrelated to your event (including selling attendee lists);
• Probe, disrupt, or circumvent security or access controls, or attempt to access other customers' data;
• Reverse engineer, resell, sublicense, or provide the service to third parties except as expressly permitted by your plan (e.g., agency use);
• Use the service to send unsolicited bulk communications;
• Interfere with the integrity or performance of the service.

We may suspend access for conduct that violates this section or threatens the service or other customers, with notice where practicable.

Lumière is sold on a per-gala basis and on annual plans for agencies and organizations running multiple events, alongside a free tier with limited features. Current plans, prices, per-guest thresholds, and any per-ticket or transaction fees are stated on our pricing sheet or in your order form, which is incorporated into these Terms. Prices for a purchased gala or an active annual term will not change mid-term; renewals may be at then-current pricing with advance notice.

• Fees are due as specified at purchase or in your order form. Payments are processed by our payment processors; we do not store full card numbers.
• Except where required by law or expressly stated otherwise, fees are non-refundable once the event covered by a per-gala purchase has begun.
• For per-gala purchases canceled before meaningful use of the paid features, contact us — we will work in good faith on a refund or credit.
• Annual plans may be canceled effective at the end of the current term; no pro-rated refunds for the remainder of a term already paid, except as required by law.
• You are responsible for applicable taxes, other than taxes on our income.
• Overdue amounts may result in suspension after notice.

You own your data.All guest lists, attendee records, seating charts, auction and donation records, and other content you or your guests submit (“Customer Data”) remain yours. We claim no ownership of Customer Data.

You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and support the service, as described in our Privacy Policy and any data processing addendum (DPA) in place between us. As between the parties, you are the data controller of attendee data and Lumière is your processor/service provider. You can export your data (e.g., CSV export) at any time during your subscription; upon termination we will delete Customer Data on the schedule described in the Privacy Policy.

We may use aggregated, de-identified usage data that does not identify you or any individual to improve and operate the service.

The service allows collection of meal preferences and allergy/dietary information, which may constitute health-adjacent or special-category data under privacy laws. As the data controller, you warrant that:

• You have a valid legal basis (such as explicit consent or another basis recognized by applicable law) for collecting and processing attendee allergy and dietary data;
• You provide attendees any legally required privacy notices at the point of collection;
• You limit access to this data to staff who need it (e.g., kitchen and door staff) and use it only for guest safety and event operations;
• You will not use the service to collect sensitive data beyond what the features are designed for (e.g., no medical records, government ID numbers, or financial account numbers in free-text fields).

We in turn commit to processing this data only on your instructions and with the safeguards described in the Privacy Policy and any DPA.

We work hard to keep Lumière reliable — including offline-resilient check-in for spotty venue connectivity — but the service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free. You are responsible for maintaining reasonable backup procedures for event-critical information (such as exporting your guest list before an event) and for verifying dietary information with guests where safety is at stake.

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or data, even if advised of the possibility; and (b) each party’s total aggregate liability arising out of or related to these Terms is capped at the fees you paid to Lumière in the twelve (12) months preceding the event giving rise to the claim (or, for free-tier use, one hundred US dollars). These limits do not apply to your payment obligations, either party’s indemnification obligations, your breach of Section 4 (Acceptable Use), or liability that cannot be limited by law (such as fraud or willful misconduct).

You will defend and indemnify Lumière against third-party claims arising from (a) Customer Data, including claims that you lacked the right or a lawful basis to collect or process attendee data; (b) your use of the service in violation of these Terms or applicable law; or (c) your events themselves (venue, catering, guest injury, and similar matters outside our control). We will defend and indemnify you against third-party claims that the service, as provided by us and used as permitted, infringes their intellectual property rights. The indemnified party must give prompt notice and reasonable cooperation; the indemnifying party controls the defense.

• You may stop using the service and cancel at any time; per-gala purchases end after the covered event, and annual plans end at the close of the current term.
• Either party may terminate for material breach not cured within 30 days of written notice (or immediately for breaches incapable of cure, such as serious acceptable-use violations).
• We may suspend or terminate free-tier accounts that are inactive for an extended period, with notice.
• Upon termination, your access ends. Export your data first — we will make export available for at least 30 days after termination on request, after which Customer Data is deleted per the Privacy Policy retention schedule.
• Sections that by their nature should survive (ownership, payment obligations, disclaimers, liability limits, indemnification, governing law) survive termination.

These Terms are governed by the laws of the State of [State], United States, without regard to its conflict-of-laws rules, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [County, State]. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

We may update these Terms from time to time. We will post the updated version with a new “last updated” date and, for material changes, give Customers advance notice (such as by email). Changes apply prospectively; material changes will not take effect for an already-purchased gala or in-progress annual term without your agreement, except where required by law. Continued use after the effective date constitutes acceptance.

Questions, notices, and order inquiries: funderburg.treyben@gmail.com (interim contact while the business entity and registered notice address are formalized).