Terms & Conditions
Terms of Service for LumiRed Brush
Effective Date: November 15, 2025
These Terms of Service ("Terms") govern your access to and use of the website located at https://thelumired.com (the "Website") and any related services, including the purchase of products such as the LumiRed Brush™ (collectively, the "Services"), provided by LumiRed Brush Inc. ("we," "us," or "our"), a company based in California. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. Our Services are available only to users in the United States who are at least 18 years old or the age of majority in their state of residence. We reserve the right to modify these Terms at any time, and such modifications will be effective upon posting on the Website. Your continued use of the Services after changes constitutes acceptance.
1. User Accounts
To access certain features, such as placing orders or tracking shipments, you may need to create an account. You agree to:
Provide accurate, current, and complete information during registration. Maintain the security of your account credentials and notify us immediately of any unauthorized access. Be responsible for all activities under your account.
We reserve the right to suspend or terminate your account if we suspect misuse or violation of these Terms.
2. Orders and Payments
Placing Orders: All orders are subject to acceptance and availability. We may refuse or cancel orders at our discretion, including for pricing errors or suspected fraud. Pre-Orders: For pre-order products (e.g., LumiRed Brush™ shipping in December 2025), you acknowledge potential delays. We will notify you of significant delays and offer cancellation options per FTC guidelines. Pricing and Taxes: Prices are in U.S. dollars and exclude taxes, shipping, and handling unless stated. You are responsible for all applicable taxes. Payments: We accept major credit cards and other methods via secure third-party processors (e.g., Stripe). By providing payment information, you authorize us to charge the total amount, including taxes and shipping. Billing Information: You warrant that your billing details are accurate and that you are authorized to use the payment method.
3. Shipping and Delivery
We ship only within the continental United States (excluding AK, HI, and territories unless specified). Shipping times are estimates; we are not liable for delays due to carriers, weather, or unforeseen events. Risk of loss transfers to you upon delivery to the carrier. Title passes upon full payment. For pre-orders, expected shipping is December 2025; actual dates may vary.
4. Returns, Refunds, and Warranty
60-Day Satisfaction Guarantee: If unsatisfied, return the product within 60 days of receipt for a full refund (excluding shipping costs). Products must be in original condition with packaging. 1-Year Manufacturer Warranty: Covers defects in materials and workmanship for one year from purchase. Excludes misuse, accidents, or unauthorized modifications. To claim, contact us for instructions. Process: Contact support@thelumired.com for a return authorization. We do not accept returns without prior approval. Refunds: Processed to original payment method within 10 business days of receipt. No refunds for digital content or personalized items. Exchanges: Subject to availability; shipping fees apply.
5. Product Use and Disclaimers
General Wellness Product: LumiRed Brush™ is a general wellness device combining brushing with red light therapy. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. Consult a healthcare professional before use, especially if you have medical conditions. No Medical Advice: Information on the Website is for informational purposes only and not a substitute for professional dental or medical advice. Safety: Follow all instructions. Discontinue use if irritation occurs and seek medical help. Results May Vary: Benefits described are based on general research; individual results are not guaranteed.
6. Intellectual Property
All content on the Website (e.g., text, images, logos, trademarks like "LumiRed Brush™") is owned by us or our licensors and protected by U.S. copyright, trademark, and other laws. You are granted a limited, non-exclusive license to access and use the Services for personal, non-commercial purposes. You may not copy, modify, distribute, or create derivative works without our written consent. User-Generated Content: If you submit reviews or feedback, you grant us a perpetual, royalty-free license to use, modify, and display it.
7. User Conduct You agree not to:
Use the Services for unlawful purposes or in violation of any law. Interfere with the Services (e.g., hacking, viruses). Post harmful, defamatory, or infringing content. Impersonate others or misrepresent affiliations. Engage in commercial activities without permission.
We may monitor usage and remove content at our discretion. 8. Disclaimers and Limitations of Liability
As-Is Basis: Services and products are provided "AS IS" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. No Liability for Indirect Damages: To the fullest extent permitted by law, we are not liable for indirect, incidental, consequential, special, or punitive damages arising from your use of the Services or products, even if advised of the possibility. Liability Cap: Our total liability shall not exceed the amount you paid for the relevant product or service in the past 12 months. Third-Party Links: We are not responsible for third-party sites or services linked from our Website.
8. Indemnification
You agree to indemnify, defend, and hold harmless LumiRed Brush Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of third-party rights.
9. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by California law, without regard to conflict of laws principles. Dispute Resolution: Any disputes shall be resolved through binding arbitration in California under the American Arbitration Association's rules, except for small claims court actions. You waive class action rights. Venue: If arbitration is inapplicable, exclusive jurisdiction is in state or federal courts in San Diego County, California.
10. Termination
We may terminate or suspend your access to the Services at any time for violations of these Terms, without notice or liability.
10.Miscellaneous
Severability: If any provision is invalid, the remainder remains in effect. No Waiver: Failure to enforce a right does not waive it. Entire Agreement: These Terms, along with our Privacy Policy, constitute the full agreement. Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters).
11. Contact Us
For questions about these Terms:
Email: legal@thelumired.com Mail: LumiRed Brush, 861 Sixth Ave. Suite 302 San Diego, CA 92101 U. S. A.
By using our Services, you acknowledge that you have read, understood, and agree to these Terms.
