These Terms and Conditions ("Terms") govern your access to and use of the Service provided by Lumentir. Please read them carefully before using the Service.
1. Interpretation and Definitions
1.1 Interpretation
Words that begin with a capital letter in these Terms carry the meanings set out below. The meanings apply regardless of whether the word is used in singular or plural form.
1.2 Definitions
In these Terms, the following definitions apply:
"Application" means the software offered by the Company and installed or used by You on any electronic device, under the name Lumentir.
"Account" means a unique user profile created by You to access the Service or specific parts of it.
"You" means the individual using or accessing the Service, or the entity on whose behalf such individual uses or accesses the Service.
"Application Store" refers to the digital marketplace through which the Application may be obtained, including but not limited to the Apple App Store (operated by Apple Inc.) or Google Play Store (operated by Google Inc.).
"In-app Purchase" means any purchase of products, items, services, or Subscriptions completed through the Application and governed by these Terms and/or by the Application Store terms.
"Country" means the Netherlands.
"Company" (also referred to as "Lumentir", "We", "Us" or "Our") means Lumentir, Verdunplein 17, Unit C2671, 5627 SZ Eindhoven, The Netherlands.
"Device" means any internet-enabled hardware that can connect to or use the Service, such as a computer, smartphone, or tablet.
"Affiliate" means any organization that directly or indirectly controls, is controlled by, or is under common control with another party. "Control" means holding at least 50% of the voting securities or equivalent rights.
"Feedback" means any input from You such as comments, ideas, improvements, innovations, or suggestions relating to the Service.
"Service" means the Application and any related features made available by the Company.
"Subscriptions" means recurring paid access plans that allow You to use the Service or particular functionalities of the Service over a defined period.
"Terms and Conditions" / "Terms" means this agreement, which forms the entire contract between You and the Company about the use of the Service.
"Third-party Social Media Service" means any third-party service or content (including data, information, products or services) that may be shown, embedded or made accessible through the Service.
2. Acknowledgment
2.1 These Terms form the legal agreement between You and the Company for using the Service and set out the rights and responsibilities of all users.
2.2 Your use of the Service is conditional upon Your acceptance of, and compliance with, these Terms. They apply to anyone who visits, accesses, or uses the Service.
2.3 By accessing or using the Service, You confirm that You accept these Terms. If You do not accept any part of them, You must not use the Service.
2.4 You confirm that You are at least 18 years old. The Service is not intended for users below 18, and such persons are not permitted to use it.
2.5 Your access to the Service is also subject to Your acceptance of the Company’s Privacy Policy. The Privacy Policy explains how We collect and use personal data and outlines Your privacy rights. Please review it carefully before using the Service.
3. Subscriptions
3.1 Subscription period
3.1.1 Some features of the Service are available only under a paid Subscription.
3.1.2 Subscription fees are charged in advance on a continuous recurring basis (for example daily, weekly, monthly, or yearly), depending on the plan You choose.
3.1.3 At the end of each billing cycle, Your Subscription renews automatically on the same terms unless You or the Company cancels it.
3.2 Cancellation of Subscriptions
3.2.1 You may stop auto-renewal through Your Account settings or by contacting the Company.
3.2.2 Amounts already paid for the current Subscription term are not refunded. You keep access until that term ends.
3.2.3 If Your Subscription was purchased via an In-app Purchase, cancellation must be done through the relevant Application Store.
3.3 Billing
3.3.1 You must provide accurate and complete billing details, including name, address, region/state, postal code, phone number, and valid payment information.
3.3.2 If an automatic payment attempt fails, We will send You an electronic invoice requiring manual payment within the specified timeframe.
3.3.3 Where the Subscription is purchased through an In-app Purchase, all billing and payment handling are performed by the Application Store and governed by its own terms.
3.4 Fee Changes
3.4.1 The Company may adjust Subscription prices at any time at its sole discretion.
3.4.2 Any new fees apply from the next renewal following the current Subscription period.
3.4.3 We will give You reasonable advance notice so You may cancel before higher fees take effect.
3.4.4 Continued use after the price change becomes effective means You accept and agree to pay the updated fees.
3.5 Refunds
3.5.1 Subscription payments are not refundable unless mandatory law requires otherwise.
3.5.2 The Company may, but is not required to, grant refunds in specific cases and solely at its own discretion.
3.5.3 For Subscriptions paid via In-app Purchase, the Application Store’s refund rules apply. Refund requests must be submitted directly to that store.
4. User Accounts
4.1 When registering an Account, You must ensure all information provided is accurate, complete, and kept current. Failure to do so constitutes a breach and may result in immediate Account termination.
4.2 You are solely responsible for protecting Your password, and for all actions taken through Your Account, regardless of whether these actions were performed by You or by someone else using Your credentials.
4.3 You must not disclose Your password to others. If You suspect a security breach or unauthorized use, You must notify Us without delay.
4.4 You may not select a username that (a) impersonates another person or entity, (b) infringes third-party rights without authorization, or (c) is offensive, vulgar, or obscene.
5. In-app Purchases
5.1 The Application may allow You to purchase products, services, or Subscriptions through In-app Purchases.
5.2 Instructions on managing In-app Purchases may be found in the Application Store rules or the help settings of Your Device.
5.3 In-app Purchases are usable only within the Application. Once an In-app Purchase download has been initiated, it cannot be cancelled. In-app Purchases cannot be exchanged for cash, transferred, or redeemed outside the Application.
5.4 If an In-app Purchase fails to download properly or does not function after successful download, We will, once aware of the issue (either by detection or Your notice), reasonably investigate the cause. Based on that investigation, We will determine whether to replace the In-app Purchase or issue an update/patch. You will not be charged for such replacement or repair.
5.5 If We cannot provide a replacement or fix within a reasonable time and without material inconvenience to You, We will authorize the Application Store to refund You up to the amount paid for that In-app Purchase. You may alternatively request a refund directly from the Application Store.
5.6 You acknowledge that all transactional and billing processes for In-app Purchases are administered by the Application Store and subject to its own terms.
5.7 Any payment or billing disputes relating to In-app Purchases must be addressed with the Application Store.
6. Intellectual Property
6.1 Unless Your own content is explicitly excluded, all elements of the Service — including features, functionality, and original content — remain the sole property of the Company and its licensors.
6.2 The Service is protected by copyright, trademark, and related laws in the Netherlands and internationally.
6.3 You may not use Company trademarks, branding, or trade dress in connection with any product or service without prior written approval from the Company.
7. Third-Party Links
7.1 The Service may contain links to websites or services operated by third parties.
7.2 The Company does not control, and is not responsible for, third-party content, policies, or practices.
7.3 You agree that the Company has no liability for any loss or damage arising from Your use of or reliance on third-party websites, services, or content.
7.4 We encourage You to review the terms and privacy policies of any third-party sites You visit.
8. Termination
8.1 The Company may suspend or terminate Your Account immediately, without notice and without liability, for any reason, including a violation of these Terms.
8.2 Upon termination, Your right to use the Service stops at once. You may end Your Account at any time by discontinuing use of the Service.
9. Feedback Provided by You
9.1 Any Feedback You submit is assigned to the Company in full, including all intellectual property rights.
9.2 If the assignment is not legally effective for any reason, You grant the Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, and otherwise exploit the Feedback without limitation.
10. Limitation of Liability
10.1 Regardless of any losses You might suffer, the maximum total liability of the Company and its suppliers under these Terms is limited to the amount You actually paid through the Service, or USD 100 if You have not made any purchases.
10.2 To the fullest extent permitted by law, neither the Company nor its suppliers will be liable for any indirect, special, incidental, or consequential damages, including but not limited to lost profits, lost data, interruption of business, personal injury, or privacy impacts linked to the use of or inability to use the Service, third-party software/hardware used with the Service, or any other matter connected to these Terms.
10.3 If local law prohibits certain exclusions or limitations, liability will be restricted as far as legally possible in that jurisdiction.
11. “AS IS” and “AS AVAILABLE” Disclaimer
11.1 The Service is provided “AS IS” and “AS AVAILABLE”, with all faults and without warranties of any kind.
11.2 To the extent permitted by applicable law, the Company disclaims all warranties — express, implied, statutory, or otherwise — including warranties of merchantability, fitness for purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade.
11.3 Without limiting the above, We do not warrant or promise that the Service:
(a) will satisfy Your needs;
(b) will achieve intended outcomes;
(c) will be compatible with other systems or services;
(d) will run without interruption;
(e) will meet performance or reliability expectations;
(f) will be error-free or that defects will be corrected.
11.4 Neither the Company nor any provider makes warranties that:
(i) the Service or related materials will be available or operational;
(ii) the Service will be uninterrupted or error-free;
(iii) any information or content supplied through the Service is accurate, reliable, or up to date;
(iv) servers, emails, or content will be free of viruses, malware, or other harmful material.
11.5 Some jurisdictions do not allow the exclusion of certain warranties or statutory consumer rights. In such cases, these exclusions apply only to the extent enforceable.
12. Governing Law
These Terms, and Your use of the Service, are governed by the laws of the Netherlands, excluding conflict-of-law rules. Your use may also be subject to other local, national, or international rules.
13. Dispute Resolution
If You have a dispute or concern about the Service, You agree to contact the Company first and attempt an informal resolution.
14. EU Users
If You are an EU consumer, You remain entitled to any mandatory consumer protections under the law of Your country of residence.
15. U.S. Federal Government End-Use
If You are an end user representing the U.S. federal government, the Service qualifies as a “Commercial Item” as defined in 48 C.F.R. §2.101.
16. U.S. Legal Compliance
You represent and warrant that:
(a) You are not located in a country subject to U.S. embargo or designated as a terrorism-supporting state; and
(b) You are not listed on any U.S. governmental restricted or prohibited party list.
17. Severability and Waiver
17.1 Severability
If any clause of these Terms is ruled invalid or unenforceable, it will be modified to best reflect its original intent within legal limits, and all other clauses remain effective.
17.2 Waiver
A party’s failure to enforce a right or obligation does not waive that right. Waiving one breach does not waive later breaches.
18. Translation Interpretation
Where these Terms are translated and made available, the English version controls in case of conflict or dispute.
19. Changes to These Terms
We may amend or replace these Terms at Our discretion.
If a change is material, We will make reasonable efforts to give at least 30 days’ notice before new Terms apply. Continuing to use the Service after the effective date means You accept the revised Terms. If You do not accept them, You must stop using the Service.
20. AI Platforms and Sub-Processors (Additions)
20.1 Dependence on Third-Party AI and Infrastructure.
The Service operates using external AI platforms, model providers, APIs, hosting vendors, and other sub-processors ("AI Providers"). These AI Providers are outside the Company’s control.
20.2 Unannounced Changes or Failures.
AI Providers may alter, restrict, suspend, degrade, or discontinue their services at any time. This may affect the Service’s availability, accuracy, functionality, or performance. The Company is not responsible for such impacts.
20.3 No Liability for Third-Party Outages.
If outages, rate limits, security incidents, version deprecations, or other failures occur at AI Providers or sub-processors, the Service may become partially or fully unavailable. The Company is not liable for any resulting loss, delay, or damage.
20.4 AI Output Disclaimer.
You acknowledge that AI-generated outputs may be incomplete, inaccurate, or unsuitable for Your specific purpose. The Company gives no guarantee regarding correctness, completeness, legality, or fitness of such outputs. You remain solely responsible for verifying and relying on results.
20.5 Indemnity.
You agree to defend, indemnify, and hold harmless the Company against claims or losses arising from (i) Your reliance on AI outputs, or (ii) failures or changes in AI Providers and sub-processors.
20.6 Right to Modify Integrations.
The Company may change, replace, or remove AI Providers or AI integrations at any time and is not required to maintain compatibility with any specific provider or version.
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