Terms of Service

These Terms of Service (the “Terms”) govern access to and use of the LumaKol websites, web application, mobile applications and related services (together, the “Service”) provided by BlackLens Studio (“LumaKol”, “we”, “us”). By creating an account, accepting an invitation, or using the Service you agree to these Terms on your own behalf and, where you act for a company or other organization, on behalf of that organization (the “Customer”).

You must be at least 18 years old and legally able to enter into contracts. The Service is a business tool and is not directed to consumers or children.

A few words are used throughout these Terms with a particular meaning.

• Service: the LumaKol websites, web application, Android and iOS apps, public API and related services.
• Customer: the company or other organisation that subscribes. A workspace belongs to one Customer.
• Workspace: the Customer’s own space in the Service, holding its members, leads, calls, settings and billing.
• User: a person the Customer allows into the workspace — an owner, admin, billing admin, team lead, agent or viewer.
• Seat: a paid place in a plan. Agents and team leads take a seat; owners, admins, billing admins and viewers are free, up to three such users in total per workspace.
• Work SIM: the SIM and mobile number a user selects in the mobile app as their working line. On Android the app reads the call log only for that line; on iOS the platform does not let any app read the call log, so the app works in assisted mode.
• Customer Data: everything the Customer and its users put into the Service or the Service records for them — leads, contacts, call records, outcomes, notes, attendance, files and linked recordings.
• Plan: the prices, seat range, limits and entitlements the Customer subscribes to, as shown on the pricing page and in the Payment terms.
• Order form: a written quote or agreement signed for an Enterprise subscription.

Where we write "including" or "for example", what follows is an illustration and not a complete list.

An account belongs to an organization. The person who creates the organization is its Owner and is responsible for its configuration, members and compliance. Owners and Admins may invite Team Leads, Agents, Billing Admins and Viewers; each role has the permissions described in the product.

You are responsible for keeping credentials confidential, for all activity under your account, and for promptly notifying us of unauthorized use at [email protected]. You must provide accurate registration information, including a valid email address and mobile number, and keep it current.

LumaKol records information about calls placed and received on the mobile number and SIM the user selects as their work line (“Work SIM”), captures post-call feedback, manages leads and follow-ups, and, where the device and the Customer enable it, links call recordings created by the phone’s dialer. Calls are carried by the mobile network operator; LumaKol does not provide telephony, VoIP, or call termination.

Call capture depends on device permissions the user grants (for example call log and phone state), the device manufacturer’s software, and the operating system. Availability of features such as call recording, caller identification and background operation varies by device, region and operating-system policy, and LumaKol does not guarantee that every call will be captured or that recordings will be available.

The Service is provided on a subscription basis with the plan features, seat counts and limits shown at the time of purchase. We may modify the Service and will give reasonable notice of changes that materially reduce core functionality.

The Customer may connect its own software to the Service through the public API and webhooks. API keys are credentials issued to the Customer's workspace: the Customer is responsible for keeping them secret, for restricting each key to the permissions it needs, and for everything done with a key until it is revoked. Keys can be limited to named IP addresses, given an expiry date and revoked at any time from the workspace.

Reasonable-use limits apply to the API and we may rate-limit, throttle or suspend a key that exceeds them, that is used to extract data in bulk beyond the Customer's own use, or that affects the stability of the Service for others.

Webhook endpoints, calendar feed links and hosted capture forms are addresses the Customer chooses to expose. Once data is delivered to them it is outside our control, and the Customer is responsible for securing them and for the systems that receive the data.

We version the public API and will give reasonable notice before making a change that breaks an existing integration. Endpoints marked as preview or beta may change without that notice.

The Customer is solely responsible for how it and its users contact people. You agree to use the Service only for lawful business communication and, in particular, to:

• comply with all telemarketing, consumer-protection, do-not-call, telephone-consent and privacy laws applicable to the countries you call — for example TRAI’s TCCCPR regulations and the National DND registry in India, the TCPA and Telemarketing Sales Rule in the United States, PECR and the TPS in the United Kingdom, the ePrivacy rules and GDPR in the EEA, the Spam Act and Do Not Call Register in Australia, CASL and the National DNCL in Canada, and the LGPD and consumer-defence rules in Brazil;
• obtain and document any consent required to call, message or record a person, and honor opt-out and do-not-disturb requests promptly;
• record calls only where all applicable laws permit, including one-party or all-party consent rules and any announcement requirements;
• not use the Service for spam, fraud, harassment, abusive collections practices, deceptive caller identity, or contacting emergency numbers;
• not upload malicious code, probe or overload the Service, resell access, or use the Service to build a competing product;
• use only mobile numbers and SIMs you are authorized to use, and never capture calls from a personal line without the line holder’s knowledge and consent;
• tell your own users — your staff and contractors — that the Service records their calls with leads on the Work SIM, their attendance and active time, and their location at check-in where you turn that on, and have a lawful basis for that monitoring under the employment and privacy laws that apply to you.

We may suspend or terminate accounts that violate this section and may cooperate with lawful requests from authorities.

“Customer Data” means leads, contacts, call records, feedback, notes, recordings, messages and other content submitted to the Service by or for the Customer. As between the parties, the Customer owns Customer Data and is the controller of the personal data it contains; LumaKol processes Customer Data as a processor on the Customer’s instructions, as described in our Privacy Policy and in the Data Processing Addendum, which forms part of these Terms for every Customer and applies whenever we process personal data on the Customer’s behalf.

You grant LumaKol a limited license to host, process, transmit and display Customer Data solely to provide, secure and improve the Service. We do not sell Customer Data and do not use it to train models for third parties. Staff access to Customer Data is restricted, logged and used only for support you request, security, or legal compliance.

Each party may receive information from the other that is not public — for LumaKol, Customer Data and the Customer’s business information; for the Customer, non-public details of the Service, prices offered privately and security information we share. The party receiving it will use it only to provide or use the Service under these Terms, protect it with at least reasonable care, and share it only with its own staff, advisers and service providers who need it and are bound by similar duties.

This does not cover information that is or becomes public through no fault of the receiving party, that it already knew, that it develops independently, or that it receives lawfully from someone else without a duty of confidence. A party may disclose information where the law or a court requires it, telling the other party first where it lawfully can.

For personal data, the Privacy Policy and the Data Processing Addendum also apply and prevail.

We use a small number of service providers to run the Service. Each is engaged under a written contract, may use Customer Data only to provide its part of the Service, and is held to confidentiality and security obligations. We stay responsible to the Customer for what they do with Customer Data.

The categories we rely on are:

• cloud infrastructure and database hosting, which store the data and run the Service;
• transactional email delivery, for account, billing and notification email;
• content delivery and network security, which serve the site and filter hostile traffic;
• mobile push notification, crash reporting and app-attestation services, which deliver alerts and confirm that a request comes from a genuine installation of our app;
• our payment processor, which collects payments and holds the card and bank details that we never see.

The current list of providers, with what each one does and where, is available to customers on request at [email protected]. Notice of a new or replacement provider is given as the Data Processing Addendum sets out.

Important parts of a calling workflow sit outside the Service. We do not control them and are not responsible for them.

• Mobile networks: calls and messages are carried by the user’s mobile operator. LumaKol is not a telephony provider and does not place, route or terminate calls. Coverage, call quality, charges and number blocking are between the user and their operator.
• Devices and operating systems: what the app can capture depends on Android and iOS policy, the device manufacturer’s software, and the permissions the user grants. These change without reference to us and can remove a capability that worked before.
• Recordings: LumaKol does not record audio. Where the phone’s own dialer creates a recording and the device and workspace settings allow it, the app can attach that file to the matching call. Whether a recording is technically possible, and whether it is lawful, depends on the device and the law where the call takes place.
• Software the Customer connects: systems reached through the public API, webhooks or calendar feeds, and the messaging or email apps an agent sends from, are operated by the Customer or by a third party under their own terms. Automation tools generally connect through our API and webhooks; only the connections listed as available in the product are part of the Service.
• App stores: installing and updating the mobile apps is also governed by the terms of Google Play and the Apple App Store.

We sometimes release a feature to a limited set of workspaces before it is generally available, or switch one on for a workspace that asks. Anything labelled beta, preview or early access — including API endpoints marked that way — is offered so that we can learn how it behaves in real use.

Beta features are provided as they are. They may be incomplete, may change, and may be withdrawn or switched off at any time without the notice we give for changes to the rest of the Service. The warranties in these Terms do not apply to them, and the support arrangements in the next section do not cover them.

Do not rely on a beta feature for work you cannot afford to lose or repeat, and keep your own copy of anything that depends on one. If a feature becomes chargeable when it leaves beta, we will tell you before any charge starts and you can choose not to keep it.

Feedback you send us about a beta feature is treated as described under Intellectual property.

Support is included in every subscription, and the channel depends on the plan: email and chat on Starter, chat during business hours on Growth, priority chat and phone on Business, and a dedicated success manager on Enterprise. Requests reach us at [email protected] or through the product.

Support covers questions about using the Service, account and billing problems, and bug reports. It does not cover faults caused by the device, the mobile network or the operating system; work inside the Customer’s own systems connected through the API; or advice on whether a particular calling or recording practice is lawful in your market, which is a decision for you and your own advisers.

We work to keep the Service available and schedule maintenance to limit disruption, giving notice in the product for work we expect to interrupt normal use.

These Terms do not state an uptime figure or a guaranteed response time. Where an Enterprise customer needs a service level, it is agreed in the order form for that subscription and applies only to that customer.

Plans are billed per seat in advance for the selected period. Agents and Team Leads occupy paid seats; other roles are free up to the limit shown in the product. Adding seats or upgrading takes effect immediately and is prorated; reducing seats or downgrading takes effect at the next renewal.

Free trials convert to a paid plan only when you choose one. If a renewal is not paid, the workspace keeps working through a 15-day grace period with reminders and then pauses, as described under Term, suspension and termination and in the Payment terms.

Fees exclude taxes. Where we are required to collect GST, VAT, sales tax or similar taxes, they are added to the invoice; where a reverse-charge or self-assessment mechanism applies to business customers, you are responsible for accounting for the tax. You agree to provide a valid tax registration number where applicable. Except where the law requires otherwise, fees are non-refundable.

The agreement runs from the moment you first use the Service and continues while a trial or subscription is active.

Deletion at the end of that window is final. We cannot rebuild a workspace once it has gone, and backups expire on their own schedule.

When the agreement ends, the right to use the Service ends with it, and the sections listed under General terms continue to apply.

LumaKol and its licensors own the Service and everything in it that we made: the software, the mobile apps, the public API, the design, the documentation, the site content, and the LumaKol name and logo. Nothing in these Terms transfers any of that to the Customer.

While the subscription is active and its fees are paid, the Customer has a non-exclusive, non-transferable licence to use the Service for its own business, through the seats it has paid for. The Customer may not copy, modify or create derived works from the Service, reverse-engineer it except where the law expressly allows, rent, resell or share access outside its workspace, remove our notices or branding, or use the Service to build a competing product.

Customer Data belongs to the Customer, as set out under Customer data and privacy. The Service also includes third-party open-source components, which are covered by their own licences.

You may say publicly that you use LumaKol. Any other use of our name or logo — in a product, a comparison, an advertisement or a domain name — needs our written permission.

If you send us feedback, ideas or suggestions, we may use them to improve the Service without owing you anything and without any duty to keep them confidential.

The text, guides, screenshots, videos, illustrations, page designs, code and data on lumakol.com and in the apps are owned by BlackLens Studio or its licensors and protected by copyright, trademark and other laws, including India’s Copyright Act, 1957, Trade Marks Act, 1999 and Information Technology Act, 2000. LumaKol and the LumaKol logo are trademarks of BlackLens Studio.

You may read and share links to our public pages, quote short extracts with a link back, and print or save a page for your own reference. Search engines and AI assistants may read public pages as our robots.txt allows, so that they can show and link to them. Without our written permission you may not:

• copy, scrape, crawl, harvest or download content, prices, contact details or data from the site or the Service by automated means, beyond what robots.txt allows;
• republish, sell or reuse our text, screenshots, videos or designs, including to build a copy or look-alike of our site, product or brand;
• use our content or data to train or fine-tune a machine-learning model, or to build a dataset;
• frame or mirror our pages, or use LumaKol, our logo or a confusingly similar name in a domain, app, account, advertisement or keyword;
• get around rate limits, bot protection, sign-in or other access controls, or access data in a workspace you are not a member of.

We may block, limit or report any person, network or automated tool that breaks these rules, without notice. We may also take legal action — including seeking injunctions, takedowns, damages and the legal costs of enforcing our rights — and report unauthorised access to the authorities. Customer Data stays the Customer’s and is covered by Customer data and privacy, not by this section.

To report a copy of our site or brand, or to ask for permission to use our material, write to [email protected].

We provide the Service with reasonable skill and care and will maintain the security measures described in the Privacy Policy. Except as expressly stated, the Service is provided “as is” and we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that call capture, recordings or notifications will be uninterrupted or error-free, since these depend on devices, networks and operating systems outside our control.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if it was told they were possible.

Each party’s total liability arising out of or relating to these Terms, whether in contract, tort or otherwise, is limited to the fees paid and payable by the Customer for the Service in the 12 months before the event giving rise to the claim.

These limits do not apply to the Customer’s obligation to pay fees, to the Customer’s indemnity obligations, to a party’s fraud, gross negligence or wilful misconduct, or to liability that cannot be limited by law.

The Customer will defend LumaKol, its staff and its affiliates against any third-party claim, investigation or regulatory action arising from:

• Customer Data, including how it was collected and what it contains;
• calls, messages and recordings made through or logged in the Service, including claims by the people contacted or recorded and penalties imposed by a telecom or data-protection authority;
• use of the Service in breach of the acceptable use and calling compliance section, of the law, or of these Terms;
• a dispute between the Customer and its own users, employees or contractors about monitoring, attendance or performance data held in the Service;
• systems the Customer connects to the Service, and what happens to data once it has been delivered to them.

The Customer will pay the damages, settlements, fines and reasonable legal costs finally awarded or agreed in such a claim.

We will tell the Customer about a claim promptly, cooperate reasonably at the Customer’s expense, and leave the defence in the Customer’s hands. The Customer may not settle in a way that admits fault for us, places an obligation on us, or fails to release us fully, without our written consent. We may join our own defence with our own lawyers at our own cost.

The limits in the limitation of liability section do not cap this indemnity.

You may not use the Service if you are located in, or are a national or resident of, a country or territory subject to comprehensive sanctions, or if you are listed on a sanctions or restricted-party list maintained by the United Nations, the European Union, the United Kingdom, the United States or India. You agree to comply with applicable export-control and sanctions laws when using the Service.

European Economic Area and United Kingdom: nothing in these Terms limits rights that cannot be limited under applicable law. The Data Processing Addendum, including the Standard Contractual Clauses and the UK International Data Transfer Addendum where they apply, forms part of these Terms.

United States: the Service is offered to businesses; state consumer-protection statutes that apply only to consumers do not apply. Recording of calls is subject to federal and state consent laws, including all-party consent in several states.

India: invoices are issued with GST where applicable; for personal data, the Customer is the Data Fiduciary and LumaKol its Data Processor under the Digital Personal Data Protection Act, 2023, on the terms of the Data Processing Addendum; the Customer is responsible for compliance with the Telecom Commercial Communications Customer Preference Regulations, including registering as a sender where required.

Brazil, Canada, Australia, Singapore, the United Arab Emirates, Saudi Arabia and Nigeria: the Customer is responsible for compliance with local telemarketing and data-protection laws (including LGPD, PIPEDA and CASL, the Privacy Act and Spam Act, PDPA, PDPL and NDPA respectively) when contacting people in those countries.

All countries: these Terms are written in English; translations are provided for convenience and the English text prevails.

We send notices to the email address on the account and, where a notice concerns billing, to the billing contact as well. Account, security and billing notices — renewal reminders, a failed payment, a workspace about to pause, a warning before data is deleted — also appear in the product, and time-sensitive alerts may arrive as push notifications on the mobile app.

A notice from us counts as given on the day we send the email or show it in the product. You are responsible for keeping the email address and mobile number on the account current and for making sure our mail is not blocked or filtered; a notice is not invalid because it went unread.

Formal notices to us must be in writing to [email protected], and, where service at a postal address is required, to BlackLens Studio, 33/19B/8G, Lohiya Nagar, Balkeshwar, Agra, Uttar Pradesh 282005, India. Privacy requests go to [email protected].

The interface is available in 33 languages. These documents may be shown in English where a translation is not yet available; translations are for convenience and the English text governs.

Quotes, testimonials, reviews and case studies are handled differently: we publish them only with the approval of the Customer and of any person quoted or pictured, and we remove them on request.

We may change these Terms — to describe a new feature, to reflect a change in the law, or to make something clearer. The date at the top of this page shows when the current version took effect.

Where a change materially reduces your rights or adds an obligation, we announce it in the product or by email to the account owner at least 14 days before it takes effect. Smaller changes — a clarification, a corrected reference, a section describing something that already worked this way — take effect when they are published.

If you do not accept a change, stop using the Service and cancel before the effective date. Continuing to use the Service after that date means you accept the new version. Cancelling for this reason does not by itself create a right to a refund of fees already paid.

The Privacy Policy and the Payment terms change under their own notice terms, and prices change as the Payment terms describe. Where an Enterprise order form fixes a version of these Terms for a subscription period, that order form governs until it renews.

These Terms, and any dispute arising from them or from use of the Service, are governed by the laws of India, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Disputes are subject to the exclusive jurisdiction of the courts at Agra, Uttar Pradesh, India. Either party may still ask any court with jurisdiction for urgent relief to protect confidential information or intellectual property.

Before starting proceedings, please write to us at [email protected] setting out the problem and what you would like us to do. Most disagreements are settled this way, and both parties agree to try in good faith to resolve the matter within 30 days of that notice.

Claims are brought individually; neither party may bring a claim under these Terms as a class or representative action.

None of this limits rights that cannot be limited by contract where you are — mandatory consumer protections, the right to complain to a data-protection or telecom regulator, and any requirement to bring a claim in your local courts.

The Service is provided by BlackLens Studio, 33/19B/8G, Lohiya Nagar, Balkeshwar, Agra, Uttar Pradesh 282005, India.

• Questions about these Terms or the agreement, and general help: [email protected]
• Privacy questions, data-subject requests and the Data Processing Addendum: [email protected]
• Formal legal notices: in writing to [email protected] and, where service at a postal address is required, to the address above, as set out under Notices.

A person answers every message and we aim to reply to written questions within one business day. Please include your workspace name so we can find the account quickly.