1. Agreement to Terms
By accessing or using Lumiva ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Platform.
Lumiva is a marketplace platform that connects electric vehicle (EV) drivers ("Drivers") with individuals who own EV chargers ("Hosts"). Lumiva does not own, operate, or control any chargers listed on the Platform.
2. Limitation of Liability
Lumiva is NOT Responsible For:
- Charger Functionality: We do not guarantee that any charger will work properly, be available, or charge your vehicle as expected.
- Vehicle Damage: Any damage to your vehicle during charging, including electrical damage, battery issues, or physical damage.
- Personal Injury: Any injuries sustained on Host property, including slips, falls, electrical shock, or other accidents.
- Property Damage: Damage to Host property, Driver property, or third-party property.
- Host/Driver Disputes: Conflicts between Hosts and Drivers regarding no-shows, cancellations, charger condition, or payment.
- Charger Listings: Accuracy of charger descriptions, photos, specifications, or availability.
- Safety: The safety or security of Host locations, parking areas, or surrounding property.
- Compliance: Host compliance with local electrical codes, regulations, or insurance requirements.
- Lost Items: Any personal property lost, stolen, or damaged during use of the Platform.
- Third-Party Actions: Actions of other users, including fraud, misrepresentation, or illegal activity.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMIVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM.
3. User Responsibilities
Driver Responsibilities:
- Verify charger compatibility with your vehicle before booking
- Inspect chargers before use and report any safety concerns
- Use chargers safely and in accordance with manufacturer instructions
- Respect Host property and follow all access instructions
- Arrive on time or cancel with appropriate notice
- Pay all fees in full and on time
- Maintain adequate insurance on your vehicle
Host Responsibilities:
- Ensure chargers are properly installed and maintained
- Comply with all local electrical codes and regulations
- Maintain adequate insurance coverage
- Provide accurate charger descriptions and specifications
- Ensure safe access to chargers
- Respond to Driver inquiries in a timely manner
- Honor confirmed bookings or cancel with appropriate notice
4. Platform Role
Lumiva acts solely as a marketplace platform connecting Drivers and Hosts. We:
- Facilitate bookings and payments
- Provide a review and rating system
- Offer customer support
- Process payment transactions
Lumiva does NOT:
- Own, operate, or maintain any chargers
- Employ or supervise Hosts
- Inspect or certify chargers
- Guarantee charger availability or functionality
- Provide insurance coverage for users
- Act as a party to agreements between Hosts and Drivers
5. Payments and Fees
Drivers pay the total booking amount (charger fee) at the time of booking. Lumiva collects a platform fee of 20% of each transaction. Hosts receive 80% of the booking amount.
All fees are non-refundable except as outlined in our Cancellation Policy.
6. Cancellation Policy
- 24+ hours before session: 100% refund
- 2-24 hours before session: 80% refund (20% cancellation fee)
- Less than 2 hours before session: No refund
- No-show: No refund, may impact user rating
Refunds are processed to the original payment method within 5-10 business days.
7. Dispute Resolution
Users agree to first attempt to resolve disputes directly with each other. Lumiva may, at its sole discretion, provide mediation assistance but is not obligated to do so.
Any disputes with Lumiva shall be resolved through binding arbitration in accordance with the laws of the jurisdiction where Lumiva is registered.
8. Indemnification
You agree to indemnify, defend, and hold harmless Lumiva, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any rights of another user
- Your listings, bookings, or transactions
- Any injury, damage, or loss caused by you
9. Insurance
Drivers: You are responsible for maintaining adequate auto insurance. Lumiva does not provide insurance coverage for your vehicle.
Hosts: You are responsible for maintaining adequate property and liability insurance. You should verify that your insurance covers commercial use of your charger.
Lumiva does not provide any insurance coverage for users.
10. Prohibited Conduct
Users may not:
- Provide false or misleading information
- Use the Platform for illegal purposes
- Harass, abuse, or harm other users
- Attempt to bypass payment processing
- Create fake accounts or manipulate reviews
- Damage or misuse chargers or property
- Violate any local laws or regulations
11. Account Termination
Lumiva reserves the right to suspend or terminate any user account at any time for any reason, including violation of these Terms, fraudulent activity, or abuse of the Platform.
12. Changes to Terms
Lumiva may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the new Terms.
13. Governing Law
These Terms are governed by the laws of Ontario, Canada. Any disputes shall be resolved in the courts of Ontario.
14. Contact Information
For questions about these Terms, please contact us at:
Email: legal@lumiva.app
Website: lumiva-pro.vercel.app
Acceptance of Terms
BY USING THE LUMIVA PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
You acknowledge that Lumiva is a platform only and accepts no liability for charger functionality, user disputes, injuries, or damages.