1. Overview
These Terms and Conditions (“Terms”) govern your use of the website located at https://www.lutum.io and any related services, including our SMS, email, and other electronic communications programs (collectively, the “Services”) provided by Lutum (“Lutum,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
2. What Lutum Does
Lutum is a strategic digital marketing and creative agency that helps B2B and home service businesses generate leads and revenue through services such as outbound systems, advertising campaigns, web design, and related consulting.
Our Services may include done-for-you outbound campaigns, marketing strategy, CRM and funnel buildouts, tracking and analytics support, and other related offerings as described on our website or in a separate written agreement.
3. Eligibility and Accounts
To use our Services, you must be at least 18 years old and able to form a binding contract under applicable law.
You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account.
4. Client Agreements and Fees
Specific services, deliverables, timelines, and pricing may be governed by a separate proposal, order form, or master services agreement between you and Lutum.
Unless otherwise stated in a separate written agreement, all fees are due in advance, are non‑refundable, and do not include any taxes, telephony fees, carrier surcharges, or third‑party platform costs, which are your responsibility.
5. Acceptable Use
You agree not to use the Services:
To send spam, unlawful, harmful, misleading, or deceptive content
To harass, threaten, or abuse any person or entity
To promote illegal activities, hate, violence, or discrimination
In violation of any applicable laws or industry rules, including but not limited to TCPA, CTIA guidelines, carrier requirements, CAN‑SPAM, and data protection laws
We reserve the right to suspend or terminate access to the Services, including messaging capabilities, if we reasonably believe your use is abusive, non‑compliant, or harmful.
6. Intellectual Property
All content on the lutum.io website and within our deliverables, including text, graphics, logos, designs, videos, and software, is owned by or licensed to Lutum and is protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, or create derivative works from our content or deliverables except as expressly allowed in a written agreement with us.
7. User Content
If you provide content or data to be used in campaigns (including contact lists, creative assets, copy, or scripts), you represent and warrant that you have all necessary rights and consents to use that content and to contact the listed recipients.
You retain ownership of your content, but you grant Lutum a non‑exclusive, worldwide, royalty‑free license to use it solely for the purpose of providing the Services to you.
8. SMS and A2P Messaging Program
8.1 Program Description
By providing your mobile number to Lutum (for example, via a web form, contact request, partner application, or written agreement), you consent to receive SMS and MMS messages from Lutum related to:
Appointment reminders and updates
Service notifications and operational messages
Marketing messages, promotions, and offers
Support and account communications
Message frequency may vary depending on your interactions with us and your active services.
8.2 Message and Data Rates
Msg and data rates may apply to any messages sent to or received from Lutum.
If you have questions about your text or data plan, please contact your mobile carrier.
8.3 How to Opt Out (STOP Instructions)
You can opt out of Lutum SMS messages at any time by replying STOP to any message you receive from us.
After you send STOP, we will send a confirmation message stating that you have been unsubscribed and you will no longer receive marketing texts from us at that number, except where messages are required for fraud, security, or legal notices.
8.4 How to Get Help (HELP Instructions)
If you need assistance with our SMS program, reply HELP to any message or contact us directly using the support information in Section 15 below.
We will respond with information on how to contact us and a brief description of the program.
8.5 Supported Carriers and Delivery
Delivery of SMS messages is subject to effective transmission by your mobile carrier and is not guaranteed.
Participating carriers may change at any time, and Lutum is not responsible for delays or failures in message delivery.
8.6 Your Responsibilities for Contacts and Compliance
If you use Lutum’s Services to send SMS or other messages to your own customers or leads, you are responsible for:
Obtaining valid, documented opt‑in consent from each recipient
Honoring opt‑out requests promptly
Providing accurate descriptions of your program, frequency, and purpose
Ensuring your campaigns comply with applicable laws and carrier rules
You acknowledge that carriers and regulators may audit or review your program and that non‑compliance can result in blocking, fines, or termination of messaging capabilities.
9. Privacy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.
Please review our Privacy Policy at: https://www.lutum.io/privacy-policy.
10. Third‑Party Services
Our Services may integrate with or rely on third‑party platforms (such as CRM systems, ad networks, telephony providers, or analytics tools).
We do not control and are not responsible for the content, policies, or practices of these third parties, and your use of them is subject to their own terms and conditions.
11. Disclaimers
The Services are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.
We do not warrant that the Services will be uninterrupted, error‑free, secure, or that results obtained from the Services will meet your expectations.
12. Limitation of Liability
To the maximum extent permitted by law, Lutum will not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or lost data, arising out of or relating to your use of the Services.
Our total aggregate liability for any claim relating to the Services will not exceed the amount you paid to Lutum for the Services giving rise to the claim in the six (6) months preceding the event.
13. Indemnification
You agree to indemnify, defend, and hold harmless Lutum and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use of the Services
Your violation of these Terms
Your campaigns, user content, or communications sent through the Services
Your failure to obtain required consents or comply with applicable laws and carrier rules
14. Changes to Terms
We may update these Terms from time to time.
If we make material changes, we will post the updated Terms on this page with an updated “Last updated” date, and your continued use of the Services after such changes constitutes acceptance of the revised Terms.
15. Contact and Support
If you have questions about these Terms or our SMS program, please contact us:
Company: Lutum
Website: https://www.lutum.io
Email: manager@lutum.io
Phone: (571) 725‑5579
Mailing address: 7520 Greenfield Rd, Annandale, VA 22003, USA
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of laws principles.
Any disputes arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Virginia, and you consent to the jurisdiction of those courts.