Session Recording Terms and Conditions

These Session Recording Terms & Conditions (“Agreement”) are a legally binding contract between Lumi Learning (“Lumi Learning,” “Organization,” “we,” “us,” or “our”) and the parent or legal guardian (“Parent/Guardian,” “you,” or “your”) of the student receiving tutoring services (“Student”).

By emailing Lumi Learning to request session recordings, you acknowledge that you have read, understood, and agree to be bound by the terms below.

1. Definitions

For purposes of this Agreement:

“Recording” means any audio and/or video recording of a tutoring session, including the Student’s voice, likeness, screen content, and chat interactions that may be captured during the session.

“Lumi Parties” means Lumi Learning and its officers, directors, leadership team members, volunteers, tutors, and representatives.

2. Authority to Consent and Electronic Agreement

By requesting session recordings via email, you represent and warrant that:

You are the Student’s parent or legal guardian (or otherwise legally authorized to consent on the Student’s behalf), and
You have the legal authority to agree to these terms.

Your email request constitutes your affirmative consent and electronic agreement, enforceable under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.

3. Opt-In Procedure for Session Recordings (Email-Only)

Recording is strictly opt-in and is not enabled through any booking form, volunteer form, or automated checkbox.

To opt in to session recordings, the Parent/Guardian must:

Email Lumi Learning directly from an email address controlled by the Parent/Guardian, and
Explicitly request that tutoring sessions be recorded for the Student.

Opting in via email constitutes informed consent to these Session Recording Terms & Conditions.

If you do not email us to opt in, no recordings will be made.
Choosing not to opt in does not affect the Student’s ability to receive tutoring.

4. Consent to Record

By opting in via email, you grant Lumi Learning permission to record tutoring sessions that may capture the Student’s voice, likeness, and interactions.

Recording is optional and provided only upon request.

5. Purpose of Recordings (No Marketing Use)

Recordings are offered solely as an optional safety and transparency feature, including:

Supporting Student safety and appropriate conduct during online sessions
Allowing families to privately review session professionalism and tone
Enabling the Student to privately review material, if desired

Recordings are not used for marketing, advertising, promotional materials, or tutor training.

6. Access, Delivery, and Required Download Window

Delivery timeline: Recordings are generally delivered within seven (7) business days after the session via a private, restricted-access link (commonly Google Drive).
Download requirement (important): You must download the Recording within twenty-four (24) hours of delivery.

After the 24-hour window, Lumi Learning may remove access and/or delete the Recording at any time.
If you do not download within the window, the Recording may be unavailable and not recoverable.

Delivery methods may change over time while maintaining similar privacy protections.

7. Storage, Retention, and Deletion

Unless deleted earlier under this Agreement:

Recordings are retained for no longer than sixty (60) calendar days from the session date.
You may request earlier deletion at any time in writing.
Lumi Learning may delete Recordings earlier for operational, privacy, storage, or risk-management reasons, including after the 24-hour download window.

Once deleted, Recordings are permanently removed and access links are disabled.

8. Privacy and Security

Lumi Learning prioritizes confidentiality and student safety:

Recordings are shared only with the Parent/Guardian via restricted access.
Access is limited to Organization leadership as needed for administrative delivery and safeguarding.
Recordings are not sold or publicly posted.

Third-party services: Recordings may be created, stored, or delivered using third-party platforms (e.g., Zoom, Google Drive). Lumi Learning is not responsible for outages, access issues, policy changes, or technical failures of third-party services.

9. Permitted Use and Strict Restrictions

Recordings may be used only for private, family, and educational purposes.

You agree that you will not, and will not allow others to:

Share, forward, publish, post, upload, or distribute any Recording or link outside your household
Provide access to any third party without prior written permission from Lumi Learning
Edit, clip, caption, or present a Recording in a misleading manner
Use a Recording to harass, threaten, defame, embarrass, or intimidate any person

Independent recordings: You agree not to independently audio or video record sessions unless all required consents are obtained and all applicable laws are followed.

After delivery, you are responsible for secure storage and safeguarding of the Recording and access link.

10. Reliability Disclaimer

Recordings are optional and not guaranteed. A Recording may be missing, incomplete, corrupted, delayed, inaccessible, or unavailable due to factors including:

Internet disruptions, device failures, or power outages
Platform outages or service interruptions
Software bugs, automation failures, or file corruption
Human error, including failure to start, save, upload, or share a recording

11. Release of Liability; Limitation of Liability

To the maximum extent permitted by law:

You release the Lumi Parties from liability related to missing, incomplete, corrupted, delayed, inaccessible, or deleted Recordings.
Lumi Learning is not liable for indirect, incidental, special, consequential, or punitive damages related to Recordings.
Any liability imposed is limited to the amount paid for the recording service, if any, for the specific session.

12. Intended Use; No Claims Based on Recordings

Recordings are provided solely for private review and are not an official transcript or certified record.

You agree not to bring claims against any Lumi Parties based on:

The existence or absence of a Recording
The content of a Recording
Allegations that a Recording should have been captured, preserved, or retained

Nothing limits rights that cannot legally be waived.

13. Indemnification

If you misuse a Recording or violate Section 9, you agree to indemnify and hold harmless the Lumi Parties from resulting claims, damages, losses, liabilities, and reasonable expenses, including attorneys’ fees.

14. Governing Law; Venue; Severability; Entire Agreement

Governing law: Illinois law
Venue: Cook County, Illinois
Severability: Unenforceable provisions do not affect remaining terms
Entire agreement: This Agreement supersedes all prior communications regarding session recordings

15. Acknowledgment

By emailing Lumi Learning to request session recordings, you confirm that you have read, understood, and agree to be bound by this Agreement.