These Terms and Conditions of Use (the “Terms”) are a legal contract between you (“you” or “user”) and LUMA Energy, LLC (together with its affiliated companies, “LUMA” or “we”). The Terms explain how you are allowed to use LUMA’s digital and Internet platforms, including but not limited to LUMA’s website, mobile applications, social media, emails or messaging or chat applications, interactive features of the services, the use of any material, information, proprietary data, Content (as defined below) and other related services, which are made available to you by LUMA, regardless of how they are accessed and/or used, and that are operated or maintained by LUMA or our affiliates (all of the above, collectively, the “Services”).
BY ACCEPTING THESE TERMS, YOU AGREE TO THE PRACTICES DESCRIBED THEREIN AND YOU REPRESENT AND ACKNOWLEDGE YOUR ABILITY TO ENTER INTO LEGAL CONTRACTS IN THE JURISDICTION IN WHICH YOU RESIDE. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS, OR IF, AT ANY TIME, THESE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE STOP USING THE SERVICES IMMEDIATELY.
- Additional modifications and terms. LUMA reserves the right to refuse without notice users’ access to the Services, for any reason, including, but not limited to, any violation of these Terms. You agree that LUMA may suspend or discontinue the Services, or any features thereof or access to the mobile application(s) or change the content of the Services at any time, for any reason, with or without notice, and without liability.LUMA may, at any time, change, update, add or remove the provisions of these Terms by posting such Updated Terms on the Services and by notifying you, either through a banner on the Services or, depending on the status of your account, by email or during the next time you log in to the Services, at LUMA’s discretion. By using the Services after LUMA has updated the Terms, you understand that you are agreeing to the updated Terms. If you do not agree to any of the updated Terms, you must stop using the Services.In addition, please note that these Terms may be replaced or supplemented by additional legal notices or terms presented during access to particular features or certain products of the Services. These legal notices or terms are expressly incorporated into these Terms and supersede any provision(s) of these Terms that are designated as superseded.
- General purpose and access license. LUMA grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services. This license does not include (i) resale or commercial use of the Services; (ii) any collection and use of lists of services, descriptions or costs; (iii) any use derived from the Services; (iv) any download or copy of login credential information for the benefit of other users or merchants, or (v) any use of data mining, robots, cookies or similar data collection and extraction tools. The Services and/or any part of the Services may not be reproduced, sold, resold, visited or exploited for any purpose other than the activities expressly permitted in these Terms, without LUMA’s express written consent. Any unauthorized use automatically cancels all permissions and/or licenses granted herein.
- Registration and Security of the Services. You understand that you must register and create login credentials to access the Services. To do this, you will need to follow the steps on the website or app you downloaded to your device. You agree to: (a) provide true, accurate, up-to-date and complete information about you as requested by the registration page, login or subscription of the Services (such information, the “Registration Data”), and (b) maintain and update the Registration Data in a timely manner to keep it true, accurate, up-to-date and complete. If you provide false, inaccurate, out-of-date or incomplete information, or if LUMA has reasonable grounds to suspect that the information provided is false, inaccurate, outdated, or incomplete, LUMA has the right to suspend or terminate your access to the Services, and to reject any and all current or future use of the Services (or any part thereof). As part of the Security Measures of the Services, you will be prompted to create a password. You are responsible for the security and confidentiality of your password and username. You agree not to share your username or password with any third party, nor will you allow a third party to log into the Services using your user information. If you forget your password, you will have the opportunity to reset it, following the security procedure described in the Services you are using. In addition, you are responsible for any and all activities that occur on your account. You agree to be required to notify us immediately of any unauthorized use of the Services or any other breach of security that you become aware of. You are responsible for taking precautions and providing the most appropriate security measures for your situation and your intended use of the Services. LUMA has the right to provide information related to billing records, your login credentials, its content or use, and other related information under certain circumstances, including, but not limited to, where you are required to respond to a legal process, court order or subpoena from a competent law enforcement authority, or where necessary to protect the rights, customers or businesses of LUMA and its affiliates.
- Copyright and property rights. All content presented or displayed on the Services, including but not limited to text, graphics, photographs, images, films, videos, sound and illustrations (collectively, the “Content”), is the exclusive property of LUMA, its licensors, suppliers, agents and/or its content providers. All elements of the Services, including but not limited to, general design and Content, are protected by copyright, moral rights, commercial image, trademark, and other laws related to intellectual property rights. The Services may only be used for the purpose for which such Services are intended. You may not modify the Content and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. You are responsible for obtaining appropriate permissions or licenses before using any copyrighted material that is available through the Services. With respect to your use of the Services, you agree to comply with all applicable laws, statutes, ordinances and regulations of Puerto Rico, the United States of America and international regulations. You will not delete or remove any notice indicating copyright, trademark, or other notice of intellectual property of the material you find on the Services.
- Trademarks / Non-endorsement. All LUMA trademarks, service marks and trade names used herein (including but not limited to LUMA’s name, LUMA logo, service design and any related logos) (collectively, the “Trademarks”) are trademarks or registered trademarks of LUMA or its affiliates, partners, suppliers or licensors. You understand and agree that, without LUMA’s prior written consent, you may not use, copy, reproduce, transmit, retransmit, upload, post, distribute or modify the LUMA Trademarks in any way, including in advertisements or advertising. You will not use the LUMA name in any format, image or symbol that, in LUMA’s opinion, involves endorsement by LUMA, without prior written permission, including in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written document of any kind.
- User Contributions Policy. When LUMA has expressly invited or requested user submissions or comments (for example, on its social networks), LUMA encourages you to submit content to LUMA (e.g. comments, scores, suggestions) that you have created in connection with the Services (“User Contributions”). User Contributions are the intellectual property of the user who submits them. By posting your content on our Services, you expressly grant LUMA and its affiliates a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, worldwide and sublicenseable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, interpret and display such content, as well as the name, voice and/or image of the user as it appears in its User Contribution, in whole or in part, and in any format available worldwide, in any medium or technology, whether now known or discovered hereinafter, including any promotion, advertising, marketing, commercialization, advertisements and any other auxiliary use thereof, and including the unrestricted right to sublicense such rights, in perpetuity worldwide. These User Contributions are considered non-confidential and LUMA shall have no obligation to maintain the confidentiality of any information, in any format, contained in any User Contribution, nor shall it be liable for any effect of its publication, disclosure or retransmission.
- Inappropriate User Contributions. LUMA does not promote and does not seek User Contributions resulting from any activity that: (i) may create, for you, any other person or any animal, a risk of harm, loss, physical or mental harm, emotional distress, death, disability, disfigurement or physical or mental illness; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute an offence or tort. You agree that you have not participated in, or participated in, any of the above activities with respect to your User Contribution. Without limiting the above, you agree that, together with your Contribution, you will not inflict emotional distress on others, humiliate or insult others (publicly or otherwise), do not attack or threaten others, enter private property without permission, will not pose as another person, or misrepresent your affiliation, title or authority, and will not engage in any activity that may result in injury, death, property damage and/or liability of any kind. LUMA will reject any User Contribution if LUMA believes, in its sole discretion, that such activities have occurred. If a user notifies LUMA of a contribution that allegedly violates any of the provisions of these Terms, LUMA reserves the right to determine, in its sole discretion, whether such violation has occurred, and to remove such contribution from the Services, at any time and without notice.
- Inappropriate material. You are prohibited from using the Services to post or submit any illegal, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropries the intellectual property of third parties or that may constitute, or encourage, conduct that is considered criminal or that violates any law. In addition, you agree that sending or posting unsolicited advertisements (spam) on or through the Services is expressly prohibited by these Terms. In addition to any remedies we may have by law or in equity, if we determine, in our sole discretion, that you have violated, or are likely to violate, the above prohibitions or any applicable rules or policies incorporated into these Terms, we may take any action we deem necessary to cure or prevent the violation, including, among others, prohibiting the use of the Services and/or the immediate removal of inappropriate materials from the Services, at any time and without notice. We will fully cooperate with the authorities and/or respond to any court order or subpoena or order requesting us to disclose the identity of any person posting such materials.
- Access and interference. You agree not to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. In addition, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, a disproportionately large or unreasonable burden on our infrastructure; (ii) interfere with or attempt to interfere with the proper functioning of the website, mobile application, or any other activity performed on the Services; or (iii) attempt to avoid any control or measure we may use to prevent or restrict access to the Services.
- User-published content. User-posted content and User Contributions posted by the user do not represent the opinions of LUMA or any person associated with LUMA. LUMA does not control this Content. You agree that under no circumstances will you represent or suggest, directly or indirectly, LUMA’s endorsement of user posted Content. LUMA is not responsible for the accuracy or credibility of any Content posted by you on our Services or User Contributions posted through our Services, and assumes no responsibility for any actions you may take as a result of reviewing such user posted Content or User Contributions. By using the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate, or misleading. There may also be risks of dealing with people who act with false pretensions. By using our Services, you assume all associated risks.
- Third-party links. From time to time, the Services may contain links to websites that are not owned, operated or controlled by LUMA or its affiliates. All of these links are provided solely for your convenience. You understand and agree that, if you use these links, you will be leaving the Services or LUMA’s Internet and properties. Neither we nor any of our affiliates are responsible for any content, material or other information located or accessible from any other website. Neither we nor any of our affiliates endorse, warrant, or make any representations or warranties with respect to other websites, or any content, materials or other information located or accessible from any other website, or the results you may obtain when using any other website. If you choose to access other websites linked from this Service, you do so at your own risk.
- Electronic notifications. As part of the Services, you will have the option to subscribe to receive your invoices, statements and any other documentation and communications in electronic form (“Electronic Notifications”). Once you subscribe to receive Electronic Notifications, including billing, you consent to all notifications being sent to you exclusively electronically. With respect to communications between you and LUMA through electronic means, including LUMA digital platforms and emails to or from LUMA, you (1) agree to receive communications from LUMA electronically and (2) agree that all terms and conditions, agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirements that such communications would meet if they were in writing. You are responsible for ensuring that the method of receipt of Electronic Notifications you have provided to LUMA, including email address, telephone number for text messages, and user information for the Services, is correct and kept up to date. You are also responsible for making sure these electronic receipt methods are working properly so that you receive notifications in a timely manner. If you are using an email mailbox, it is recommended that you include LUMA among your contacts or secure senders to prevent sent messages from being blocked or identified as spam. You are responsible for contacting LUMA if you are not receiving or have problems accessing your invoice or other Electronic Notifications. LUMA shall not be liable in any way for any failure to notify or late notification, or any effects that this may have or cause. If you wish to withdraw your consent to receive Electronic Notifications at any time, you must follow the procedure set out in the Services to unsubscribe. Cancellation may not be immediately registered, so you should contact LUMA if you do not receive your invoice or other notifications in a timely manner.
- Payment of invoices and charges. As part of the Services, you will have the option to pay your bill and other charges related to the electrical power service to LUMA through LUMA’s website or mobile applications. Before making a payment, you will need to make sure that your registration details are correct. You are responsible for making the information you enter, including account numbers and amounts payable, correct, and you must ensure that payments made are properly recorded and contact LUMA immediately if you identify any errors in the processing of your payment. You are also responsible for making your payments well in advance to register before your due date and for finding alternative ways to make your payments on time if any of the Services are unavailable. The availability, timeliness and proper functioning of the Services depends on many factors beyond LUMA’s control, including the availability of Internet service, wireless network, cellular signal strength and proper functioning and proper configuration of the device in use, equipment and programming, so LUMA does not guarantee that the Services will operate without interruption or that you can complete your transaction, as there is always the possibility of errors in any of the components of the system chain that makes it possible to provide the Services. You will not be relieved of late payment charges or suspension of your electric service as a result of a payment not being completed due to unavailability of the Services. LUMA shall not be liable in any way for payments made incorrectly or late, including if a full or partial credit is not registered due to incorrect information being entered or if you do not have the opportunity to make payments through the Services due to these services not being available on a temporary manner. Any claim will be subject to these Terms, the terms and conditions of your electric power service agreements and any applicable regulations.
- Objections to invoices and charges. As part of the Services, you will have the option to object to invoices and other charges related to your electrical power service to LUMA through LUMA’s website or mobile applications. You are responsible for making the information you submit by electronic means complete, correct and timely, and you must ensure that your objection is duly recorded. Objections will be handled in accordance with applicable legal regulations.
- Requests. Whenever the Services provide the option to make a request to LUMA electronically, including requests for account transfer, disconnection, repair of service interruptions or certifications, you will be responsible for providing complete, correct and timely information to process your request. LUMA will not be liable for requests that cannot be processed due to incomplete or incorrect information.
- Map of service interruptions. LUMA provides a service outage map that provides the user the opportunity to report a service interruption or outage using geolocation tools. You are responsible for verifying that geolocation is correctly identified. LUMA shall not be liable in any way for incomplete or incorrect information on this map.
- Risk of fraud by unauthorized third parties. Despite LUMA’s security and data protection measures, the Services are not exempt from fraudulent practices carried out by third parties not authorized by LUMA, including, but not limited to, cloning of web pages, phishing, spear phishing, malware, ransomware and data breaches. LUMA shall not be liable in any way for content, materials, information, communications, cyberattacks, identity theft, diversion of funds by deception, unlawful appropriation or any other damage that may result from these fraudulent practices. You acknowledge that you access the Services at your own risk. LUMA urges its Users to educate themselves on such practices and to be attentive to alerts about fraud schemes published by LUMA, by government entities and by reliable means of communication so that they can identify these practices and protect themselves. LUMA also encourages Users who suspect that any activity, content, link or communication related to the Services may constitute a fraudulent practice to immediately contact LUMA to verify or report it, and thus avoid being victims of fraud.
- Termination. LUMA may suspend or terminate your right to use these Services at any time, for any reason or for no reason. We may also block your access to our Services in the event that (a) you breach these Terms; (b) we are not able to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability to you, our users or us. You may decide to discontinue your use of the Services at any time.
- Representations and guaranties. You represent that you are over 18 years of age, have the right and authority to enter into legally binding agreements in your jurisdiction (including these Terms), are fully capable and competent to comply with the terms, conditions and obligations included hereby, and your use of the Services complies with and will comply with all applicable laws. You represent that you have read, understood and accepted these Terms and that you will abide by them. In addition, you represent and warrant that your User Contributions and all elements thereof are (a) owned or controlled exclusively by you, you have prior written permission from the rightful owner of the content included in your User Contributions, or that you are legally authorized to grant LUMA all licenses and rights granted herein; and (b) LUMA’s use of your User Contributions as described or contemplated herein does not infringe and will not infringe any claim or actionable liability , including but not including rights to publicity, privacy, and defamation. In addition, you are solely responsible for your User Contributions and for the consequences of posting them.
- DISCLAIMER. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER LUMA NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER LUMA NOR ANY OF ITS AFFILIATES ASSUMES ANY PLEDGE OR OBLIGATION TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. NO ADVICE, REPRESENTATION, OPINION, SERVICE, OFFER OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LUMA OR THROUGH THE SERVICES SHALLCREATE ANY WARRANTIES NOT EXPRESSLY CONTAINED HEREIN.
- LIMITATIONS TO LIABILITY. LUMA ASSUMES NO LIABILITY, NOR SHALL IT BE LIABLE FOR ANY DAMAGES, ERRORS, OMISSIONS, FAILURE OF COMPLIANCE, PERFORMANCE PROBLEM, DELAY IN OPERATION OR TRANSMISSION, INTERRUPTIONS OF SERVICE, UNAUTHORIZED ACCESS, HURT OR DESTRUCTION, MALFUNCTION OR VIRUSES THAT MAY INFECT YOUR DEVICE, COMPUTER, TABLET, CELL PHONE, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY, CAUSED OR ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES OR THE DOWNLOAD OF INFORMATION OR MATERIALS FROM THE SERVICES . IN NO EVENT SHALL LUMA, OR ANY OF ITS OFFICIALS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNERS, OR ANY OF THE PARTIES INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME, INFORMATION OR INTERRUPTION OF BUSINESS) ARISING FROM THE USE OR INABILITY OF USE OR RESULTING FROM THE USE OF THE SERVICES OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED IN ALL OR ANY PART OF THE SERVICES UNDER ANY CONTRACTUAL, TORTS OR ANY OTHER LEGAL THEORY. IN THE EVENT OF ANY PROBLEMS WITH THE SERVICES OR ANY MATERIALS OR INFORMATION CONTAINED IN ANY PART OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
- Release of responsibility. In the event that you have a dispute with one or more users of the Services, you hereby release LUMA (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claim, complaint or damages (direct and consequential) regardless of the type or nature of the claim, complaint or damage, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or relating to such disputes.
- Compensation. You agree to defend, indemnify and exempt LUMA and any entity or affiliated person from all responsibilities, costs and expenses, including reasonable attorneys’ fees, relating to (i) your use of the Services, or the transmission or location of any User Contribution or other Content, message or information that you or your authorized users make or submit through the Services; (ii) your violation of these Terms, including but not limited to your breach of any of the above statements and warranties; (iii) your violation of any rights of a third party, including, but not limited to, any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of Puerto Rico, the United States of America or another country; (v) any claims or damages arising as a result of any User Contribution you provide to LUMA, including, but not limited to, all claims or damages arising out of a claim for defamation or invasion of privacy; or (vi) someone else’s access to and use of the Services with your username, password, or other security code.
- Force majeure. Neither LUMA nor you shall be liable for damages or for delays or failures in the performance of your obligations under these Terms as a result of acts or events beyond your reasonable control, including, without limitation: fire, explosion, flood, natural disasters, pandemic, revolution; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of such government or legal body; labor disturbances, or inability to secure materials, transportation or telecommunications facilities, fuel or energy. As soon as possible after the force majeure event, it will be the obligation of the party who was unable to fulfill its obligations, to restart compliance and take any necessary action to mitigate the effects of the force majeure event.
- Jurisdiction and applicable law. Any claims relating to the Services and these Terms are governed by the laws of the Commonwealth of Puerto Rico. You agree to the exclusive jurisdiction of the state and federal courts located in San Juan, Puerto Rico.
- Assignment. You agree that these Terms and all incorporated agreements may be automatically assigned by LUMA in its sole discretion, without requesting your consent.
- No relinquishment. Any failure by LUMA to act with respect to a breach by you or others does not exempt LUMA’s right to act with respect to subsequent or similar breaches.
- Full agreement. These Terms establish the full agreement between the parties. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall be maintained and applied.
- Titles. Section titles are for reference purposes only and do not define, limit, interpret, or describe the scope of each section.
- Survival. All sections that by their context should survive these Terms will survive the termination or expiration of these Terms.
- Questions and comments. If you have any questions or comments, we invite you to contact us by email: .
Last updated: March 4, 2021