Terms of Service

These Terms of Service ("Terms") are a legal agreement between you ("you", "your", or "the Client") and Lumero Ltd (NZBN 9429053742407) ("we", "us", or "Lumero"), the company behind the Lumero platform at https://lumero.works.

By creating an account or using Lumero, you agree to these Terms. If you're using Lumero on behalf of an organisation, you're agreeing to these Terms on that organisation's behalf, and you confirm you have the authority to do so.

Please also read our Privacy Policy and our Data Processing Agreement, both of which are incorporated into these Terms. The Privacy Policy explains how we handle personal information; the Data Processing Agreement sets out how Lumero handles survey data on your behalf.

The Lumero platform is an online reporting platform purpose-built for employee surveys. You provide your survey response data, and we import it into the platform. From there, you access a suite of reporting and analysis tools, including response summaries, demographic breakdowns, trend analysis, open-ended comment views, Key Driver Analysis, and templated PDF reports. The platform itself does not run surveys. We refer to this as BYO (Bring Your Own) survey data mode – you bring the data, we provide the reporting.

We separately offer a managed service (managed-service mode) in which we arrange for a third-party survey tool to collect responses on your behalf, under your instruction. You confirm the survey content, audience, and communications in advance. We'll tell you in writing which third-party tool we propose to use before the survey runs.

The specific features available to you depend on your agreed plan. We may update, improve, or change features from time to time – see Section 9 for details on how we handle that.

The specific services, plan, and pricing for your engagement are set out in your Order Form.

Setting up an account

To use Lumero, we will create an account for you with your email address. Accounts are for professional use by organisations – by creating an account you confirm you are acting on behalf of a business or organisation.

Keeping your details current

You're responsible for keeping your account information accurate and up to date. If your contact details change, please update them or let us know.

Account security

You're responsible for keeping your login credentials secure and for any activity that occurs under your account. You must not share your account credentials with anyone. Accounts are for the sole use of the individual to whom they are issued. If you think your account has been compromised, contact us at support@lumero.works immediately.

Lumero uses Auth0 for secure authentication. We never see or store your password.

Multiple users

Lumero supports multiple report-viewer accounts per organisation, with tiered access levels. Your organisation's account administrator is responsible for managing user access and ensuring each user only has access to the data appropriate to their role.

Your data belongs to you. Any survey data, report configurations, or other content provided to Lumero remains yours. We don't claim any ownership over it.

We don't use your data for our own purposes. We use your data solely to provide you with the Lumero service. We don't analyse it for our own benefit, share it with third parties for their purposes, or use it to train AI models.

Authorising a consulting partner. You may authorise a consulting partner to access your reporting. You are responsible for that authorisation and can withdraw it at any time by telling us in writing, and we'll remove the access promptly. Your consulting partner's use of your data is governed by their own agreement with you and their separate Consulting Partner Agreement with Lumero.

You're responsible for the data we hold on your behalf.

When you provide survey data to Lumero for import (BYO mode), you confirm that:

• You have the legal right to share that data with a third-party processing service.
• You collected the underlying survey data in accordance with applicable law, including the New Zealand Privacy Act 2020 and, where your organisation is based in Australia, the Australian Privacy Act 1988 (Cth).
• You have made appropriate disclosures to your employees about how their survey data will be used and processed.
• The data does not include any information that would require a higher level of protection than Lumero's standard security controls provide (for example, data about health conditions, unless your organisation has specifically assessed this as appropriate).

When Lumero runs a survey on your behalf (managed-service mode), you confirm that:

• You have authorised the survey, including its content, audience, and respondent communications.
• The disclosures provided to your employees through the survey tool reflect how their data will be used and processed.
• For surveys run on or after 1 May 2026, those disclosures also satisfy IPP 3A of the NZ Privacy Act 2020, which requires employees to be notified when their personal information is collected from a source other than themselves.
• You have the legal right to instruct Lumero and a third-party survey tool to collect this data from your employees.
• The survey does not seek information requiring a higher level of protection than the standard controls of Lumero and the chosen survey tool provide, unless you have specifically assessed this as appropriate.

You are the data controller in both modes. As described in our Privacy Policy and our Data Processing Agreement, you remain the data controller for any survey data we collect or hold on your behalf. Lumero acts as your data processor; in managed-service mode the third-party survey tool acts as an additional data processor for the collection step.

For a full list of the third-party services (sub-processors) Lumero uses to deliver the platform – including their purpose, the data they can access, and their hosting location – see our sub-processors page.

Lumero is designed for legitimate employee survey reporting. You agree not to use Lumero to:

• Provide data you don't have the right to process or share.
• Attempt to identify individual survey respondents in ways that circumvent Lumero's confidentiality controls.
• Reverse-engineer, copy, or resell any part of the Lumero platform.
• Attempt to access another client's data or interfere with Lumero's infrastructure.
• Use the platform for any unlawful purpose or in any way that violates applicable law.
• Introduce malware, harmful code, or anything that could damage the platform or other users.

We reserve the right to suspend or terminate accounts that violate these terms.

Lumero's reporting model is built around protecting the anonymity of individual survey respondents. You agree to use the platform in a way that upholds this:

Minimum response thresholds

No results – including individual comments – are displayed for any group with fewer than the minimum number of respondents (default: 5, configurable). This applies across all report views. You must not attempt to circumvent this threshold or use workarounds to identify individual respondents.

Access configuration

You are responsible for configuring report access levels appropriately for your organisation – ensuring individual respondents cannot be identified through the data any given user can access.

Using results responsibly

Survey data provided to Lumero should be used for its intended purpose. You agree not to use survey results in ways that could cause harm to individual employees, including making decisions about specific individuals in ways inconsistent with how the survey was presented to respondents.

Lumero offers optional AI-powered features to enhance your reporting. These features are opt-in – they only run when you choose to activate them.

By activating an AI feature, you authorise Lumero to send the relevant survey data to our AI provider (Anthropic) for processing. Only the data necessary for that feature is shared. Before using any AI feature, you should satisfy yourself that doing so is consistent with your obligations to your employees.

If you prefer not to use AI-assisted features, all standard Lumero reporting remains fully available.

Lumero's platform. The Lumero platform – including its software, design, reporting tools, methodologies, and content – belongs to Lumero. These Terms don't give you any rights to Lumero's intellectual property beyond the right to use the platform as described here.

Your content. You retain full ownership of any data, content, or materials provided to Lumero. Nothing in these Terms transfers ownership of your data to us.

Feedback. If you share ideas, suggestions, or feedback about Lumero with us, we may use them to improve the platform. We won't have any obligation to you for doing so, and you won't have any claim to any resulting improvements.

Third-party names and marks. Product names and logos of other companies referred to on our website are the property of their respective owners. We use them only to identify those products, for example to show which tools Lumero works with, and their use does not imply any partnership, sponsorship, or endorsement.

Third-party links. Our website may contain links to third-party websites. We don't control and aren't responsible for the content, accuracy, or availability of those websites, and a link doesn't imply our endorsement of them.

Billing

Lumero charges a fee agreed at the time of contracting, based on the package you select. If payment is not received within the timeframe specified in your Order Form, we reserve the right to suspend access to the platform until payment is received. We'll notify you when we do so.

Where billing is arranged through your consulting partner, your consulting partner is invoiced for the service and manages payment with you directly. In that case the payment and suspension terms above are a matter between Lumero and your consulting partner, as set out in your Order Form.

Service availability

We work hard to keep Lumero available and running well. However, we don't guarantee uninterrupted access – downtime can occur due to maintenance, technical issues, or circumstances outside our control. We'll aim to give you advance notice of any planned maintenance that would affect your access.

Changes to the platform

We may update, change, or remove features from time to time. We'll aim to give you reasonable notice of any significant changes that affect how you use the platform. We won't make changes that fundamentally alter the service without giving you the opportunity to review and, if necessary, end your agreement with us.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we'll notify you by email at least 30 days before they take effect. If you don't accept the changes, you can end your agreement with us before the effective date by contacting legal@lumero.works. Your continued use of Lumero after the effective date constitutes your acceptance of the updated Terms.

Survey data and reporting access are available for 18 months from the date your contract begins unless agreed otherwise. Before this period expires, we'll contact you to ask whether you'd like to extend. If we don't hear back, your data will be deleted within 30 days of our final contact attempt.

You can request deletion of your data at any time by emailing legal@lumero.works.

When your account is closed or your data is deleted, you won't be able to access your reports through Lumero. In BYO mode, your original survey data files remain in your own possession throughout. In managed-service mode, where Lumero arranges for a third-party survey tool to collect responses, we will provide you with a copy of the raw survey response file from the third-party tool once the survey closes (and at any reasonable point on request), so the underlying data also remains in your possession.

Full details of our data retention practices are in our Privacy Policy.

What we promise

We'll provide the Lumero service with reasonable care and skill, and take appropriate steps to keep your data secure.

What we don't promise

Lumero is provided on an "as is" basis. We don't guarantee that the platform will be error-free, uninterrupted, or perfectly suited to every use case. We don't provide any warranty beyond what's required under New Zealand law.

Limitation of liability

To the fullest extent permitted by New Zealand law, Lumero's total liability to you for any claim arising from your use of the platform is limited to the amount you paid to Lumero in the three months preceding the claim. We are not liable for indirect, incidental, or consequential losses – including loss of data, loss of business, or loss of profits – even if we were aware such losses might occur.

Nothing in these Terms limits liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Any liability that cannot be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or the Australian Consumer Law (where applicable).

By you. You can end your Lumero agreement at any time by contacting us at legal@lumero.works. We'll confirm the termination and let you know when your access will end and when your data will be deleted.

By us. We may suspend or terminate your account if an invoice remains unpaid after the due date set out in your Order Form. For any other breach of these Terms, we'll give you written notice and 10 business days to remedy it before we suspend or terminate, unless the breach is incapable of remedy. Where the breach involves a material violation of Section 4 (your data obligations), Section 5 (acceptable use), or Section 6 (confidentiality and respondent protection), we may suspend access immediately on written notice pending investigation, without waiting for that remedy period. If we decide to discontinue the Lumero service, we'll give you at least 30 days' written notice before access ends.

After termination. On termination, your access to the platform ends. How we handle your data after that point is set out in Section 10.

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of Lumero will be subject to the non-exclusive jurisdiction of the New Zealand courts. If your organisation is based in Australia, nothing in these Terms excludes any right or remedy you have under the Australian Consumer Law that cannot be excluded by agreement. If you have a dispute with us, we'd always prefer to resolve it directly first – please get in touch before pursuing formal action.

Content complaints. If you believe content on our website, or in materials we're responsible for, is defamatory, infringing, or otherwise unlawful, contact us at legal@lumero.works with details of the material, where it appears, and your concern. We'll acknowledge your complaint promptly and, where material appears unlawful, remove or disable access to it while we assess it.

Questions about these Terms or anything else:

By using Lumero you agree to these Terms.