These Terms of Service ("Terms") are a binding agreement between you and LumaCore Design LLC, a Louisiana limited liability company ("LumaCore", "we", "us"), about your use of LumaCore Scout, including the website at scout.lumacoredesign.com, the Scout phone apps, the Scout Chrome extension, and related services (together, "Scout"). By creating an account, checking the boxes, clicking "I agree", or using Scout, you accept these Terms. If you don't agree, don't use Scout.
1. Who can use Scout
You must be at least 18 years old and able to form a binding contract. If you use Scout for a company, team or organization, you agree to these Terms for it and confirm you have authority to do so; "you" then includes that organization.
2. What Scout is, and what it is not
Scout is a tool that helps you organize people you may want to contact, keep notes and statuses, draft messages, and keep track of what you sent. Scout does not send direct messages, follow, like, comment or take any other action on Instagram or any other platform for you. You take every action yourself, in your own account, using your own judgment.
Scout is not affiliated with, endorsed by, sponsored by or supported by Instagram, Meta Platforms, Inc., or any other platform. "Instagram" and "Meta" are trademarks of their owners and are used only to describe compatibility.
3. Your accounts on other platforms, and the risk to them
Your Instagram account and any other third-party account are governed by that platform's own terms, community guidelines, rate limits and enforcement decisions, which can change at any time without notice. You alone are responsible for complying with them. Platforms may limit, restrict, rate-limit, shadow-ban, suspend, disable or permanently ban accounts, block messaging or following, require verification, or take other action, including because of the volume, pace, content or pattern of your activity, reports by other users, or automated systems we can't see.
You acknowledge that using Scout, or any tool, alongside your account carries risk to that account, and you accept that risk. Any pacing guidance, daily limits, warnings or suggestions in Scout are general precautions only. They are not a promise that your account will stay in good standing. LumaCore is not responsible or liable for any restriction, suspension, ban, loss of followers, loss of access, loss of content, loss of messages, loss of business or any other consequence that a platform imposes on any account, whether or not you used Scout's features as intended.
If you use the Scout Chrome extension, it reads pages that you can already see while signed in to your own account, at a pace you start and can stop. Automated or assisted reading may be prohibited by a platform's terms. You decide whether to use the extension and you are responsible for that decision.
4. Your responsibilities
You are responsible for all activity in your Scout account and for everything you send, post or do with information from Scout. You agree to:
- follow all laws that apply to you and your outreach, including laws on spam, unsolicited messages, privacy, data protection, employment, recruiting, consumer protection, and anti-discrimination;
- follow the Acceptable Use Policy, which is part of these Terms;
- never use Scout to contact, recruit, or collect information about anyone under 18, and check a person's profile when Scout asks you to before contacting them;
- tell the truth in your messages about who you are, who you represent, and what you're offering, and never promise income or results you can't back up;
- stop contacting anyone who asks you to stop, and honor blocks and opt-outs;
- have the rights and any permissions needed for information you add to Scout; and
- keep your sign-in secure and tell us right away about any unauthorized use.
5. AI features
Scout uses artificial intelligence to read screenshots and recordings you upload, estimate fit, and draft messages. AI output can be wrong, incomplete, outdated, or inappropriate, and may misjudge a person's age or other details. You must review every message before you send it and you are solely responsible for anything you send. Fit scores and account types are rough estimates, not facts about any person, and must not be used to make decisions based on protected characteristics.
6. Information about other people
Scout lets you store information about people you may contact ("Prospect Data"), such as usernames, names, public profile details and your notes. You are the party deciding what Prospect Data to collect and how to use it, and you must have a lawful basis to do so. We process Prospect Data on your behalf to provide Scout, as described in the Privacy Policy. You will respond to and honor requests from people who ask what you hold about them or ask you to delete it, and we will help where reasonable.
7. Plans, trials and payments
Some features may require a paid plan. Prices, limits and trial terms are shown when you sign up or upgrade. Unless stated otherwise, plans renew automatically until canceled, fees are charged in advance, and fees are non-refundable except where the law requires otherwise. You can cancel at any time; cancellation takes effect at the end of the current billing period. We may change prices with at least 30 days' notice before your next renewal. You're responsible for applicable taxes. A pilot or free plan can be changed or ended at any time.
8. Our rights in Scout, and feedback
Scout, including its software, design, text and branding, belongs to LumaCore and its licensors. We give you a limited, personal, non-exclusive, non-transferable, revocable right to use Scout under these Terms. You may not copy, resell, reverse engineer (except where the law allows), or build a competing product from Scout. If you send us ideas or feedback, we may use them without any obligation to you.
9. Your content
You keep ownership of what you add to Scout. You give LumaCore a worldwide, royalty-free license to host, store, process, transmit and display it as needed to provide, secure and improve Scout, including sending it to our service providers (such as hosting and AI providers) for those purposes.
10. Suspension and termination
You can stop using Scout and close your account at any time. We may suspend or terminate your access, remove content, or limit features at any time if we believe you have broken these Terms or the law, created risk for LumaCore or others, or if we stop offering Scout. Sections that by their nature should survive termination (including 3, 5, 6, 8, 9, 11 through 16) survive.
11. Disclaimers
SCOUT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that Scout will produce any replies, recruits, hires, sales, meetings or other results, that information in Scout is accurate, or that Scout will stay compatible with any third-party platform. Some places don't allow certain disclaimers, so some of these may not apply to you.
12. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (A) LUMACORE AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, FOLLOWERS, CONTENT, OR ACCESS TO ANY ACCOUNT, INCLUDING ANY RESTRICTION, SUSPENSION OR BAN OF ANY THIRD-PARTY ACCOUNT, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) LUMACORE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO SCOUT OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID LUMACORE FOR SCOUT IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100). These limits apply to every theory of liability and even if a remedy fails of its essential purpose.
13. Indemnification
You will defend, indemnify and hold harmless LumaCore and its members, managers, employees, contractors and agents from and against any claims, demands, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: your use of Scout; messages you send or people you contact; Prospect Data you collect or use; your violation of these Terms, the Acceptable Use Policy, any law, or any platform's terms; or any dispute between you and a platform or another person.
14. Disputes: individual arbitration and class action waiver
Please read this section carefully. It affects your rights. Before filing a claim, you agree to email logan@lumacoredesign.com and try to resolve the dispute informally for 30 days. If it isn't resolved, any dispute, claim or controversy arising out of or relating to Scout or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules, as applicable, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property. The arbitration will take place in Lincoln Parish, Louisiana, or by video, and the arbitrator's decision may be entered as a judgment in any court with jurisdiction. You and LumaCore each waive the right to a jury trial and to participate in a class, collective, consolidated or representative action. If the class action waiver is found unenforceable for a claim, that claim must be decided in court and not in arbitration. You may opt out of this arbitration agreement by emailing logan@lumacoredesign.com within 30 days after you first accept these Terms.
15. Governing law and venue
These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-laws rules. Subject to Section 14, the state and federal courts located in Lincoln Parish, Louisiana, have exclusive jurisdiction, and you consent to them.
16. General
These Terms, the Acceptable Use Policy and the Privacy Policy are the entire agreement between you and LumaCore about Scout. If any part is found unenforceable, the rest stays in effect and that part is enforced as far as allowed. Our not enforcing a right isn't a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, sale or reorganization, including to an affiliate or subsidiary that operates Scout. We're not liable for delays or failures caused by events beyond our reasonable control, including changes to or outages of third-party platforms. Notices to you may be sent by email or shown in Scout.
17. Changes to these Terms
We may update these Terms. When we make a material change, we'll ask you to accept the new version in Scout before you keep using it, and the new version applies from then on. Each version you accept is recorded with the date and time.
18. Contact
LumaCore Design LLC, Ruston, Louisiana. Email: logan@lumacoredesign.com.