Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Lumvest application at app.lumvest.com and the analysis services provided through it (together, the “Service”). “Lumvest”, “we”, “us” and “our” refer to Lum Technologies (ABN 33 702 184 739), trading as Lumvest. “You” refers to the person or entity that accesses the Service.

By uploading data, generating an estimate, or completing a payment through the Service, you agree to be bound by these Terms and by our Privacy Policy and Disclaimer, which are incorporated by reference. If you do not agree, do not use the Service.

1. What Lumvest is, and what it is not

Lumvest is analytical software for financial advisers and professional users. It screens a portfolio you supply for potential tax-loss- harvesting opportunities and produces an indicative, mechanically calculated estimate and a screening report.

Lumvest is not any of the following:

• Financial product advice within the meaning of section 766B of the Corporations Act 2001 (Cth), and we do not provide a financial service requiring an Australian Financial Services Licence.
• A recommendation, or a statement of opinion intended to influence you in making a decision, in relation to any financial product.
• Tax, legal, or accounting advice.
• A broker, dealer, custodian, or trade-execution venue. We never place, hold, or settle trades.

The Service produces estimates by applying disclosed screening criteria to the inputs you provide and to third-party market data. It does not know your full circumstances and does not form a view about what you should do. No advisory, fiduciary, or client relationship arises between you and Lumvest through your use of the Service.

2. Eligibility and intended use

The Service is intended for use by financial advisers, wealth-firm principals, and other professional users in connection with their own work. You must be at least 18 years old and able to form a binding contract. Lumvest is currently offered as a pilot, and access, features, and pricing may change.

Where you upload data relating to your clients or to any other individual, you warrant that you are authorised to provide that data to us for processing under these Terms, and that you will use any output consistently with your own professional, licensing, and regulatory obligations. You, not Lumvest, are responsible for any advice you give to your clients.

3. How the analysis works

1. You upload a portfolio file and set analysis parameters, including jurisdiction, entity type, and the marginal tax rate to apply.
2. The Service produces an indicative tax-saving estimate from those inputs. The estimate is the figure our engine calculates for the jurisdiction you select, in that jurisdiction’s currency.
3. You may then pay a one-time fee to unlock the full screening report, which includes the detailed breakdown, replacement-candidate screening, and a downloadable PDF.

The estimate and the report are generated from the inputs and market data available at the time the analysis is finalised, and they are fixed to that point in time. They are estimates only. Tax outcomes depend on your specific circumstances and are not guaranteed. Wash-sale and anti-avoidance considerations, including those under Taxation Ruling TR 2008/1 and the Income Tax Assessment Act, may apply. You should verify all output with a registered tax agent or a licensed financial adviser before acting on it.

4. Fees and payment

The fee to unlock a report is shown to you at checkout, in Australian dollars, before you pay. The price displayed at checkout is the total amount payable and includes GST where applicable. The fee is calculated per analysis based on the number of trades or holdings analysed, and the price for a given analysis is fixed at the time the analysis is created.

Payments are processed by our payment provider, Stripe. We do not receive or store your full card details. By paying, you authorise the charge shown at checkout and you accept the card network’s and Stripe’s terms in addition to ours. Access to a paid report is granted once we receive confirmation of successful payment.

5. Refunds

The report is a digital product delivered immediately on payment. For that reason, we do not offer change-of-mind refunds once a report has been unlocked.

Nothing in this clause limits your rights under the Australian Consumer Law. If the Service has a major failure, or does not match its description, you may be entitled to a remedy. To request one, contact inquiries@lumvest.com with your quote reference and a description of the problem, and we will work with you in good faith to resolve it.

6. Your inputs and accuracy

You are responsible for the accuracy and completeness of the data you upload and the parameters you set. The Service applies its calculations to what you give it. If the inputs are wrong or incomplete, the output will reflect that. We are not responsible for outcomes that result from inaccurate, incomplete, or unauthorised inputs.

7. Acceptable use

You agree not to:

• Use the Service to provide a competing product, or to build, train, or benchmark one.
• Copy, scrape, reverse-engineer, or redistribute the Service, its output, or its underlying methodology, except for your own internal professional use.
• Upload data you are not authorised to provide, or any malicious, unlawful, or infringing content.
• Probe, overload, or interfere with the Service, its security, or its rate limits, or attempt to access data that is not yours.
• Represent the Service’s output as personal financial product advice to any person.

8. Intellectual property

The Service, including its software, methodology, screening logic, design, and content, is owned by Lumvest or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service and to use the reports you pay for in the ordinary course of your professional work. The report you unlock is yours to use with your clients. The software and methodology that produced it are not.

9. No warranty on output

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no warranty that the Service will be uninterrupted, error-free, secure, or fit for any particular purpose, and we make no warranty as to the accuracy, completeness, or reliability of any estimate, report, replacement candidate, or market data. Market data is sourced from third parties and may be delayed, incomplete, or inaccurate.

10. Limitation of liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

To the extent that our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited, at our option, to resupplying the Service or paying the cost of having the Service resupplied.

Subject to the two paragraphs above, and to the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, or consequential loss, or for any loss of profit, loss of opportunity, loss of data, tax liability, penalty, or trading loss, however arising, in connection with the Service or its output.
• Our total aggregate liability to you in connection with the Service is limited to the total fees you paid to us in the three months before the event giving rise to the liability.

You acknowledge that you, or your client’s other professional advisers, are responsible for the financial and tax decisions you make, and that any decision to act on the Service’s output is yours.

11. Indemnity

You agree to indemnify and hold harmless Lumvest from any claim, loss, liability, or expense (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Service, your unauthorised upload of another person’s data, or any advice you give to a third party in reliance on the Service.

12. Third-party services

The Service relies on third-party providers, including for payment, hosting, market data, email delivery, and analytics. These providers are identified in our Privacy Policy. We are not responsible for the acts, omissions, terms, or privacy practices of third parties, and the Service may link to external sites we do not control.

13. Suspension and termination

We may suspend or terminate your access to the Service at any time if you breach these Terms, if we are required to by law, or if we discontinue the Service. Reports you have already paid for and downloaded remain yours. Clauses that by their nature should survive termination, including clauses 7 to 11 and 14, survive.

14. Changes to the Service and these Terms

We may modify, suspend, or discontinue any part of the Service, and we may update these Terms, at any time. The “Effective” date at the top reflects the current version. Your continued use of the Service after a change takes effect constitutes acceptance of the revised Terms. We will not change the price of an analysis you have already created.

15. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales, sitting in Sydney, and the courts entitled to hear appeals from them, except where applicable law requires otherwise.

16. Contact

Questions about these Terms can be sent to inquiries@lumvest.com.