Terms and Conditions of Use
These Terms govern access to and use of the TAVO platform. By using the service, you agree to be legally bound by these Terms.
Part I — Terms of Service
Conditions governing the license of use, subscription, responsibilities, and dispute resolution.
1. Acceptance of Terms
These Terms of Service ("Terms") govern access to and use of the TAVO software platform ("Service"), operated by CL Lumina, LLC ("Company", "we", or "us"). By accessing or using the Service, the Customer agrees to be legally bound by these Terms.
If you are acting on behalf of a company or organization, you confirm that you have authority to bind that entity to these Terms. If you do not agree with any condition, you must not use the Service.
2. Enterprise License of Use
Subject to compliance with these Terms and any applicable Order Form or Subscription Agreement, the Company grants the Customer a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for internal business purposes.
This license does NOT allow:
- Copying, modifying, distributing, or creating derivative works of the Service
- Reverse engineering or attempting to obtain the source code
- Sublicensing, selling, reselling, or transferring access to the Service to third parties
- Using the Service to provide bureau, outsourcing, or third-party services outside the scope of the contract
3. Subscription, Fees, and Payment
Access to the Service may require payment of subscription fees as set forth in the executed Order Form. Key aspects are:
- Non-refundability: Fees are non-refundable unless otherwise agreed in writing.
- Suspension for non-payment: The Company may suspend access to the Service in the event of non-payment of corresponding fees.
- Fee changes: The Company will notify any fee changes with reasonable advance notice.
- Taxes: The Customer is responsible for applicable taxes in their jurisdiction.
4. Customer Data Ownership
The Customer retains all rights, title, and interest in the Customer Data. The Customer grants the Company a limited license to process Customer Data solely for the purpose of providing the Service.
The Company will not sell, rent, or share Customer Data with third parties unless necessary to provide the Service, required by law, or expressly authorized by the Customer.
5. Confidentiality
Each party agrees to maintain the confidentiality of non-public information disclosed by the other party and to use it solely for the purposes set forth in these Terms.
- Confidentiality obligations survive termination of the contract for a period of three (3) years.
- Confidentiality does not apply to information that is public knowledge without breach of these obligations.
- It also does not apply to information the receiving party already knew or independently developed.
6. Security Measures
The Company will implement commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, disclosure, or loss. These measures include, among others:
- Data encryption in transit (TLS) and at rest
- Role-based access controls
- Audit logging
- Periodic backups
- Security monitoring and incident response
7. Disclaimer of Warranties
This means that, while we strive to provide a high-quality and reliable service, we cannot guarantee that the Service will be available without interruptions, be completely error-free, or meet all your specific requirements at all times.
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages.
- The Company's total aggregate liability shall not exceed the amounts paid by the Customer during the twelve (12) months preceding the claim giving rise to the liability.
- This limitation applies regardless of the cause of action (contract, tort, breach of warranty, or otherwise).
9. Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, and agents from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising from:
- The Customer's or its users' misuse of the Service
- The Customer's violation of applicable law
- Infringement of third-party intellectual property rights
- Breach of these Terms
10. Term and Termination
These Terms remain in effect throughout the subscription period. Regarding termination:
- Either party may terminate the contract for material breach if the breach is not cured within thirty (30) days of written notice.
- Upon termination, access to the Service will be revoked and Customer Data may be deleted according to the applicable retention policy.
- The Confidentiality, Limitation of Liability, Indemnification, and Arbitration clauses shall survive termination.
11. Arbitration Agreement and Class Action Waiver
Each party expressly waives the right to participate in a class action lawsuit or class arbitration.
12. Governing Law
These Terms are governed by the laws of the State of New Mexico and the federal laws of the United States, without regard to conflict of law principles.
Part II — Privacy Policy
How we collect, use, and protect personal data in connection with the Service.
1. Scope
This Privacy Policy describes how CL Lumina, LLC collects, uses, and protects personal data in connection with the TAVO Service.
2. Categories of Data Collected
- Contact information (name, email, phone)
- Account credentials
- Platform usage data
- Billing and payment information
- Customer Data processed on behalf of enterprise customers
3. Purpose of Processing
We process personal data to:
- Provide the Service and manage subscriptions
- Ensure security and fraud prevention
- Comply with legal obligations
- Improve functionality based on actual usage
4. GDPR Compliance (European Users)
For users in the EEA, United Kingdom, or Switzerland, processing is carried out in accordance with Article 6 of the GDPR: contractual necessity, legitimate interests, consent, or legal obligation. Data subjects have the right to access, rectification, erasure, restriction, portability, and objection to processing.
Data transfers outside the EEA are made with Standard Contractual Clauses (SCCs) or other appropriate safeguards.
Requests: clluminallc@gmail.com
5. Data Retention
Personal data is retained only for as long as necessary to fulfill the applicable contractual and legal purposes.
6. Contact
CL Lumina, LLC
1209 Mountain Road Pl NE Ste R, Albuquerque, NM 87110, United States
Email: clluminallc@gmail.com