Terms of Service

These Terms of Service are between you and Lummen LLC, a Colorado limited liability company doing business as Lummen ("Lummen," "we," "us," or "our"). They govern lummen.io, public Survey Intelligence tools, website accounts, walkthroughs, and fictional-data demonstrations (the "Website Services").

When you are presented with these terms and affirmatively accept them, you agree to them. If you do not accept, do not use features that require acceptance. Nothing in these terms removes rights that cannot lawfully be waived.

These terms do not grant a production facility license, authorize processing of real resident information, or constitute a Business Associate Agreement. Paid services, production deployments, and facility pilots require a separate written agreement specifying scope, fees, responsibilities, and data handling. An applicable signed agreement controls over these terms for the services it covers; an applicable Business Associate Agreement controls with respect to protected health information.

You must be at least 18 and legally able to enter an agreement to use account or demonstration features. If you accept on behalf of an organization, you must have authority to bind it; otherwise you accept only for yourself and may not represent that you have bound the organization.

Provide accurate account and inquiry information, safeguard your credentials, and use only accounts and permissions assigned to you. Do not share credentials or access another user's account without authorization. Notify hello@lummen.io promptly of suspected unauthorized access without sending your password.

Organization administrators are responsible for assigning appropriate permissions and removing access when it is no longer authorized. Account availability and permissions do not give you a right to access a resident chart, an employer system, or another third party's data.

Subject to these terms, we grant you a limited, nonexclusive, nontransferable permission to use available Website Services for lawful evaluation, learning, and internal business purposes. You may share links and reasonable excerpts of public informational content with attribution to Lummen and its identified data sources. Public-source data remains subject to the rights and terms of its source.

A walkthrough request is an inquiry, not a purchase, subscription, or promise of acceptance into a pilot. These terms do not create automatic billing or renewal. Any future commercial terms must be separately disclosed and agreed.

We may improve, change, or discontinue free Website Services or demonstrations. We do not promise continuous availability, a specific feature roadmap, compatibility with a particular EHR, or a service level under these terms. Obligations for paid or contracted services are determined by the applicable agreement.

Lummen highlights possible documentation issues and supplies explanations or review prompts. It can miss relevant issues, flag appropriate language, misinterpret context, or use incomplete or outdated information. An alert is not a finding by CMS, a regulator, an accreditation body, or your facility.

Website examples and product explanations are informational. They are not medical advice, legal advice, an emergency service, an official survey determination, or a substitute for a qualified professional, the complete clinical record, current law, or facility policy. Do not delay assessment, treatment, reporting, or emergency action because of a Lummen output.

A missing element in the text being reviewed means only that the element was not identified in that text. It does not establish that care was not performed or that the element is absent elsewhere in the record. A complete-looking note does not establish that required care occurred.

Users must verify every proposed documentation change against actual observations, care provided, the relevant record, and facility procedures. Never fabricate care, hide an adverse event, remove clinically important facts merely to suppress an alert, backdate an entry, or document an action that did not occur.

We do not guarantee a particular recall or precision rate, detection of every deficiency, compliance with all requirements, avoided F-tags, reduced penalties, reimbursement, or any clinical, financial, or survey outcome. Demonstration outputs and reported evaluation metrics apply only to their stated scenarios, datasets, and conditions.

Survey Intelligence presents public CMS facility, inspection, and deficiency information with Lummen's explanations and mappings. Records may cover only the inspection cycles available from the source and may be delayed, corrected, incomplete, or changed. Verify material facts against the linked official record and its dates.

A mapping between a deficiency and a Lummen documentation concept indicates possible relevance for review or education. It does not establish that documentation alone caused the deficiency, that Lummen would have prevented it, or that a historical citation would have been removed. Lummen cannot retroactively change a public inspection record.

Illustrative examples, estimates, or opportunity summaries are not measured results for the selected facility unless expressly supported by facility-specific evidence. Do not present them as an official assessment, validated savings forecast, or proven number of avoidable citations.

Lummen is not affiliated with or endorsed by CMS, ProPublica, PointClickCare, MatrixCare, or any named regulator or EHR vendor unless a specific relationship is expressly identified. Their names and marks belong to their respective owners.

Use only fictional data in public demonstrations. Do not submit identifiable resident information, real clinical notes, chart screenshots, medical record numbers, passwords, or other sensitive secrets through the website, inquiry form, search tool, public demo, or ordinary support email.

Before any production facility use involving resident information, the parties must establish appropriate written terms, authorized data flows, safeguards, permissions, and a Business Associate Agreement where required. Local processing or removal of names alone does not establish HIPAA compliance or make a disclosure legally permissible.

Your organization must obtain necessary authorization to use software with its EHR and comply with applicable third-party agreements. Permission to use Lummen is not permission from PointClickCare, MatrixCare, or another vendor. Do not bypass access restrictions or deploy Lummen in a third-party system without the necessary authorization.

The Privacy Policy describes website information practices. It does not give Lummen a right to sell resident information, train general-purpose models on it, or use it outside an applicable lawful agreement.

Do not use the Website Services to violate law, infringe another person's rights, falsify records, impersonate someone, or facilitate unauthorized access to clinical or business information.

Do not introduce malicious code, interfere with service availability, bypass authentication or rate limits, conduct unauthorized security testing, or scrape restricted account data. Do not automate access in a manner that overloads the service or circumvents controls. Contact us to arrange authorized testing or bulk access.

Do not reproduce or resell the Website Services, remove proprietary notices, or reverse engineer proprietary software except where applicable law permits it. This restriction does not limit rights under an applicable open-source license or rights to use public-source data independently of Lummen.

Lummen and its licensors retain rights in the Website Services, software, original explanations, design, and branding. These terms do not transfer ownership of your information or of third-party or public-source materials to Lummen.

You retain rights in information you submit and grant us only the permission reasonably needed to process it for the requested website function, respond to you, and handle it as described in the Privacy Policy. You must have the right to submit it. This permission does not override privacy law or an applicable data-processing or Business Associate Agreement.

If you voluntarily provide product suggestions, you permit us to use those suggestions to improve our services without an obligation to compensate or credit you. This feedback permission excludes resident information, other personal information, confidential clinical records, and third-party material you cannot authorize us to use.

The Website Services may link to or rely on third-party public-data, authentication, hosting, email, and scheduling services. Their independent services are subject to their own terms. A link does not imply endorsement or transfer responsibility for their content to Lummen.

Third-party outages, source-data changes, and browser or EHR changes may affect availability or results. Nothing in this section removes Lummen's own obligations under applicable law or a signed agreement.

You may stop using the Website Services at any time and request closure of a website account. If your account is organization-managed, contact the administrator as well as Lummen as appropriate.

We may restrict or end access where reasonably necessary to address misuse, security concerns, legal requirements, or violation of these terms, or when a free feature is discontinued. Where practicable, we will provide notice and an opportunity to address a remediable issue. We may act immediately when delay would create a material security, legal, or operational risk.

Account closure does not necessarily delete every record immediately. Retention and deletion are addressed in the Privacy Policy and applicable law or agreement. Provisions concerning ownership, limitations, disputes, and accrued obligations survive termination to the extent relevant.

To the extent permitted by applicable law, free Website Services and demonstrations are provided 'as is' and 'as available.' We disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement to the extent those disclaimers are permitted.

We do not warrant that the Website Services will be uninterrupted, error-free, complete, or current, or that demonstrations will match the performance of a future production deployment. These disclaimers do not exclude an express obligation in a signed agreement or a warranty or remedy that cannot lawfully be excluded.

To the extent permitted by applicable law, Lummen is not liable under these terms for indirect, incidental, special, consequential, or punitive damages, or lost profits or business opportunities, arising from the free Website Services or demonstrations.

To the extent permitted by applicable law, Lummen's aggregate liability arising from the free Website Services or demonstrations under these terms is limited to US $100. This limit does not govern paid or production services covered by a separate signed agreement.

Neither the damages exclusions nor the cap applies to fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or any liability that applicable law prohibits limiting. Nothing in these terms waives mandatory privacy rights, statutory remedies that cannot be waived, or obligations under an applicable Business Associate Agreement.

Please contact hello@lummen.io with a concern so we can try to resolve it. Contacting us is not a prerequisite to exercising a statutory right, seeking urgent relief, or bringing a claim, and does not extend a legal deadline.

Applicable United States federal law and otherwise applicable state law govern these terms. These terms do not impose mandatory arbitration, a class-action waiver, or an exclusive court location. Any different dispute provisions for facility services must be separately agreed.

We may update these terms prospectively by posting the revised version and its effective date. We will provide appropriate notice of material changes and obtain renewed acceptance where required. Changes do not retroactively govern a dispute that arose before they became effective.

These terms, together with any applicable signed agreement, describe the parties' agreement for the covered services. A privacy notice explains data practices and is not blanket consent to processing. If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. Failure to enforce a provision on one occasion is not a waiver on another.

You may not transfer your contractual rights or obligations without our consent, except as permitted by law. Lummen may transfer these terms in connection with a business transaction, subject to applicable law and the Privacy Policy. No transfer reduces rights that cannot lawfully be reduced.

Questions and notices: Lummen LLC, hello@lummen.io.