Terms of Service

Terms of Service

Last Updated: January 9, 2025

1. Introduction

READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE LUCID MATTERS SERVICES.

These Terms and Conditions constitute an agreement (this “Agreement”) between Lucid Matters LLC (“Lucid Matters”, “we”, “us”, or “our”) and each of our customers (“customer”, “you”, or “your”) and End Users. This Agreement governs your use of our software as a service solution (“Service”) that handles customer communications for businesses.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS.

THIS AGREEMENT CONTAINS YOUR CONSENT FOR US AND OUR THIRD-PARTY PROVIDERS TO CONTACT YOU VIA EMAIL, TELEPHONE OR SMS MESSAGES (INCLUDING TEXT MESSAGES) USING THE EMAIL ADDRESSES AND PHONE NUMBERS YOU PROVIDE TO US, INCLUDING VIA AUTOMATED EMAIL, DIALING OR TEXTING SYSTEMS.

You represent to us that you have the authority to enter this Agreement and that you have read and fully understand and agree to the terms and conditions of this Agreement. You and Lucid Matters agree that your electronic signature to this Agreement has the same force and effect as a manual signature.

Lucid Matters may revise, amend, or modify this Agreement at any time and in any manner by posting such changes on our website. You should review this Agreement regularly for changes and can easily identify if changes have been made by checking the “last updated” date at the top of this page. Your continued use of our Services for a reasonable period of time following the posting of any changes to this Agreement means you accept such changes. This Agreement may not be amended or modified by you.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE OUR SERVICES. BY USING OUR SERVICES, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.

2. Description of Service

Lucid Matters provides AI software as a service. This software solution automates customer communication handling for small and medium businesses.

Descriptions of our Services and pricing information are published on our website. The Services and prices may be modified without notice and are incorporated by reference into this Agreement.

3. Customer Responsibilities

You hereby represent and warrant:

  • Power and Authority: You are of legal age and mental sufficiency to enter into this Agreement.
  • Financial Responsibility: You will pay for all charges for use of your Lucid Matters Services, including the authorized and unauthorized use of your account.
  • Compliance: You agree to use the Service in compliance with all applicable laws and regulations.
  • Unacceptable Use: You will not use Lucid Matters Services where a power, Internet, Service, or other outage may lead to damage, injury, or death, or in an unacceptable, illegal, or prohibited manner that is in violation of our Acceptable Use Policies and all other Lucid Matters policies and procedures defined herein.

4. Acceptable Use Policy

  • General Acceptable Use Policy: You shall not use the Services in a manner that is illegal, fraudulent, improper, abusive, or in any way that prevents or interferes with Lucid Matter’s ability to provide Services to its customers. You acknowledge that Lucid Matters may, at its sole discretion, suspend or terminate service to you and charge you applicable usage and service fees for the time periods in which your use of the service was inconsistent with our acceptable use policy.
  • Phone Requirement: You are responsible for redirecting your business calls to the number provided by Lucid Matters. You are also responsible for receiving calls redirected by Lucid Matters to the numbers you provide. You need one or more telephone lines to communicate with Lucid Matters service. You will, at your sole expense, maintain the phone service to communicate with Lucid Matters service. You agree to properly provision the line with your service provider yourself. You will be responsible for paying for any reconfiguration fees and/or monthly payments charged by your phone service provider.
  • Emergency Calls: Our service is intended for non-time-critical services and should not be used for any emergency calls. You agree to use alternative methods to contact emergency services.
  • HIPAA Compliance: You acknowledge and agree that the use of the Services is not designed, intended, or recommended for use as a repository or means by which to store “protected health information” as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act, and similar legislation in other jurisdictions, and the regulations promulgated pursuant thereto (collectively, “HIPAA”) on a non-temporary basis. You represent and warrant that neither the Services nor any ancillary product or service that is a part thereof will be used for such purpose, unless and to the extent specifically set forth in a separate written agreement signed by you and Lucid Matters. Lucid Matters specifically makes no representation, warranty, or guarantee that your Services, the account(s), complies or will comply with HIPAA or any other law or will render any party compliant with HIPAA or any other law, unless and to the extent specifically set forth in a separate written agreement signed by you and Lucid Matters.
  • Storage of Information: Lucid Matters may store your call logs for troubleshooting and billing purposes. You agree that Lucid Matters has no obligation, responsibility, or liability for the storage, deletion, or failure to store any of the aforementioned information. You agree that Lucid Matters may establish limits, at its sole discretion, as to the amount of information it retains and the duration for which it is retained.
  • Software License: Upon activation of Lucid Matters Service, Lucid Matters grants to you a limited, revocable, non-transferrable, non-sublicensable, non-resalable license and right to use our software and applications strictly in accordance with this Agreement.

5. Marketing, Pricing, and Promotions

  • Usage Analysis: You agree that Lucid Matters may store, analyze, and use its customers’ (including your) product and feature usage, and other information; (i) to customize products or services that Lucid Matters may market to you and others; (ii) to adjust data throughput speeds in accordance with any applicable usage thresholds; and (iii) to comply with applicable laws, rules, and regulations.
  • E-mail and Postal Marketing: You agree that Lucid Matters may, from time to time, send you new product and feature announcements, marketing materials, and promotional offers via e-mail or by post. You may opt-out of such communication by contacting customer service or as set forth in our Privacy Policy.

6. Service Availability

The Services use the public Internet and third-party networks and are provided on a commercially reasonable efforts basis. The Services are intended to be accessed and used for non-time-critical information. Things beyond our control may affect the reliability and availability of Services, and telephone connections. Such events could include a loss of power at your location, the loss of your High-Speed Internet service, changes in the coverage of third-party cellular data networks, and fluctuations in the quality of service of the public Internet. Other things may also affect the availability of Services, such as maintenance. Lucid Matters will act in good faith to minimize disruptions to your use of Services but will not provide any credits or compensation for potential business loss due to interruptions of Service.

We provide support via email only. Please contact us at support@lucidmatters.com for any support inquiries.

8. Limitation of Liability

To the maximum extent permitted by law, Lucid Matters shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service. In any event, Lucid Matters’ total liability to you for any claim arising out of or relating to these Terms or the use of the Service shall not exceed the amount of service fees paid by you to Lucid Matters in the twelve (12) months preceding the claim, subject to a maximum of $1000.

9. Indemnity

You agree to indemnify, defend, and hold harmless Lucid Matters, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. This includes any third-party claims arising out of your use of the Service or your violation of any rights of another.

10. Termination of Services

  • By You: You may terminate any or all Services by contacting our Customer Care Department using the contact information posted on the website. You may make the termination effective at any time after five (5) working days from your termination request. There are no refunds for unused service terms.
  • By Us: We may terminate or modify any or all of your Services at any time without any liability to Lucid Matters, if:
    • (i) any charge by us to your credit or debit card is declined or reversed;
    • (ii) your credit or debit card expires or is cancelled and you have not provided us with a valid replacement credit or debit card;
    • (iii) you otherwise fail to pay any charges, taxes, or fees;
    • (iv) you attempt to use or use a stolen credit or debit card, as determined by Lucid Matters in its sole discretion;
    • (v) you fail to pay undisputed charges after they are due or within five (5) business days after we have notified you that, in our sole but reasonable discretion, such disputed charges are valid and should be paid;
    • (vi) we determine, in our sole and absolute discretion, that you violated any of your obligations in this Agreement or that you violated the license granted; or
    • (vii) in the event any arrangement between Lucid Matters and a third-party provider used by Lucid Matters to provide your Services is terminated, expires, or is not renewed for any reason.
  • Except as otherwise set forth herein, we may also terminate any element of the Services provided to you for any other reason or no reason by providing notice to you of at least ten (10) working days.
  • Phone Number: The phone number assigned to your account may be re-assigned if your Services are terminated by you, by Lucid Matters. The phone number we provide to you is only for use with our service. It cannot be transferred.
  • Responsibility for Charges and Reconfiguration of Telephone Line: You will be responsible for arranging with your telephone service company for any reconfiguration of your telephone service line and for paying any charges from your local telephone service company for such reconfiguration. When Lucid Matters Services are terminated, you must remove the “call forward” feature on your telephone service line or redirect the call forwarding to a different telephone number.

11. Modifications to the Service and Terms

Lucid Matters reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also modify these Terms at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.

13. Arbitration

Arbitration Agreement: If Lucid Matters cannot resolve a dispute with you within 60 days, both parties agree to binding arbitration by a Minnesota-based arbitrator. This includes any claims related to the Terms and Conditions, Privacy Policy, and other agreements. Each party will pay their own Arbitrator fees. The arbitrator’s decision will include arbitration costs and reasonable attorney fees. Lucid Matters can seek injunctive relief in court if needed. All claims must be brought individually, not as part of a class action. By agreeing to these terms, both parties waive the right to a jury trial or class action.

14. Contact Information

If you have any questions about these Terms, please contact us at info@sagentix.ai.