These terms are a business agreement between Marsik Labs LLC ("we", "us") and the business that signs up for Ulumi (the "Studio"). They cover the Ulumi app and ulumi.app (the "Service"). By creating an account and checking the agreement box, or by using the Service, the Studio agrees to them. The person who accepts these terms confirms they are at least 18 and have authority to bind the Studio. That person is the Studio's "owner"; people the owner invites to use the Studio's account (such as instructors) must follow these terms, and the Studio is responsible for them.
Ulumi is built for studios, not for their students. Students do not sign up for Ulumi: they use booking and payment pages that a Studio shares with them. A student's relationship for classes, credits, prices and refunds is with the Studio, not with Ulumi.
The Service
Ulumi helps studios manage class schedules, bookings, check-in, class credits and payments. We may improve, change or retire features and will give the Studio reasonable notice of changes that materially affect it.
Accounts
Give accurate information and keep your sign-in details secure. The Studio is responsible for activity under its account. Tell us promptly if you think someone accessed it without permission.
Studio responsibilities
- The Studio decides which students it adds, what it charges, and its cancellation, credit and refund policies.
- The Studio is responsible for its classes, instruction, student safety, insurance, taxes and compliance with the laws that apply to its business.
- Do not put medical or health information (injuries, pregnancy, conditions, medications) in Ulumi. It is not designed for it and is not a HIPAA-compliant service.
- Ulumi is a business tool for adults. The Studio may enter information about children only if it has the parental or guardian consent the law requires, and is responsible for that.
Text messages
If the Studio sends text messages through Ulumi, the Studio promises it has obtained every consent the law requires for each kind of message (for example, separate written consent for marketing texts), and that it will honor STOP and other opt-out requests immediately. The Studio is the sender of its messages and is responsible for their content and for compliance with the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act and similar laws. We may block or suspend messaging that appears to break these rules.
Class credits and student payments
Card and wallet payments from students are processed by Square under Square's own terms and go to the Studio's connected Square account, not to us. Square sets its own fees. Recording a Venmo, Zelle, Cash App or cash payment in Ulumi is a bookkeeping entry only; we do not move that money.
Class credits and packages are an obligation of the Studio to its student. Ulumi does not hold, custody or transmit student funds. The Studio is solely responsible for its refund, expiration and credit policies and for complying with laws on prepaid services, gift cards, unclaimed property and chargebacks.
Billing, free trial and auto-renewal
Ulumi costs $50 per month plus any applicable taxes. Every new Studio gets a 14-day free trial that starts the moment the account is created. No credit card is needed to start the trial, and we do not charge anything if you do not add a card.
If you add a card during the trial, your first $50 charge happens on the day the trial ends (or, if you add a card after the trial, on the day you subscribe), and the same amount is charged every month after that until you cancel. The subscription renews automatically each month. Card payments are processed through Square. You subscribe and manage billing on ulumi.app in a web browser, not in the iPhone app.
To cancel, the Studio's owner opens Settings, then Subscription, on ulumi.app and chooses Cancel. Cancelling stops future charges, and the Studio keeps access until the end of the period it already paid for. We do not refund partial months. If a payment fails we retry, and we may pause access until it is resolved. If the Studio's owner deletes the Studio account, the subscription is cancelled automatically and no further charges are made. Deleting an instructor's own login does not cancel the Studio's subscription. We will give at least 30 days' notice before a price change.
Acceptable use
Do not misuse the Service: no breaking the law, sending spam or unwanted texts, trying to break or bypass security, interfering with other users, or uploading content you have no right to use.
Your data
The Studio keeps ownership of what it puts into Ulumi. The Studio gives us permission to host and process it to provide the Service, and to use aggregated, de-identified data (such as counts and totals that cannot reasonably be used to identify any individual) to run and improve the Service. How we handle personal information is in our Privacy Policy.
If a Studio cancels, or we suspend it for non-payment, its data stays available for export for 30 days. After that we may delete it as described in the Privacy Policy. The Studio's owner can also delete the account in the app at any time.
Our property
The Service, including its software, design and branding, belongs to Marsik Labs. We give you a limited, non-exclusive, non-transferable right to use it under these terms.
Indemnification
The Studio will defend and indemnify Marsik Labs LLC, its owners and its personnel against third-party claims, and the costs and legal fees that come with them, that arise from the Studio's classes or instruction, injuries at the Studio, the Studio's messages to students, content the Studio uploads, or its refund, credit and pricing policies, except to the extent the claim is caused by our own breach of these terms.
Availability and disclaimer
We work to keep Ulumi reliable, but the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement, to the fullest extent the law allows. We do not promise uninterrupted or error-free service.
Limit of liability
To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or lost profits or revenue. Our aggregate liability arising out of or relating to the Service and these terms, for all claims together, is limited to what the Studio paid us in the 12 months before the first claim, or $100 if it paid nothing. This limit does not apply to liability that cannot be limited by law, including fraud or gross negligence.
Ending use
The Studio can stop using the Service any time. We may suspend or end access if these terms are broken or to protect the Service or other users. When an account ends, data is handled as described above and in the Privacy Policy.
Governing law
These terms are governed by the laws of the State of Florida. Disputes go to the state courts in Broward County, Florida, or the United States District Court for the Southern District of Florida.
Changes
We may update these terms. For material changes we will notify the Studio's owner by email before they take effect. Continuing to use the Service after the effective date means you accept the update.
Ulumi is a product of Marsik Labs LLC, Fort Lauderdale, Florida. Questions: support@ulumi.app.