Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you”, “User”, or “Subscriber”) and Lumina, a company registered at Galveston, Texas, United States (“Lumina”, “we”, “us”, or “our”), governing your access to and use of the Lumina application, websites, application programming interfaces, mobile clients and all related services (collectively, the “Service”). By creating an account, accessing, or using the Service you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

1. Definitions

1.1 “Account” means the registered credentials through which you access the Service. 1.2 “Content” means any text, prompt, file, image, audio, document, spreadsheet, presentation, code or other material submitted to, generated by, or stored within the Service. 1.3 “Input” means Content you submit. 1.4 “Output” means Content generated by the Service in response to Input. 1.5 “Subscription” means a paid plan purchased under clause 5. 1.6 “Model Provider” means any third-party artificial intelligence model, inference or hosting provider engaged by us to process Input.

2. Eligibility and Account Registration

2.1 You must be at least sixteen (16) years of age, or the age of digital consent in your jurisdiction if higher, to use the Service. 2.2 You represent and warrant that all registration information you supply is accurate, current and complete, and that you will maintain its accuracy. 2.3 You are solely responsible for safeguarding your credentials and for all activity occurring under your Account, whether or not authorised by you. 2.4 You must notify us at legal@lumina.app without undue delay upon becoming aware of any unauthorised access. 2.5 We may refuse registration, suspend, or terminate any Account at our discretion where we reasonably believe these Terms have been breached.

3. Licence Grant and Restrictions

3.1 Subject to your continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your internal personal or business purposes. 3.2 Except as expressly permitted by applicable mandatory law, you shall not, and shall not permit any third party to: (a) reverse engineer, decompile or disassemble any part of the Service; (b) copy, resell, sublicense, rent, lease or otherwise commercially exploit the Service; (c) circumvent usage limits, rate limits, authentication, entitlement checks or security controls; (d) use automated means to scrape or extract data other than through documented interfaces; (e) use the Service to develop a competing artificial intelligence model or dataset; or (f) remove or obscure any proprietary notice. 3.3 All rights not expressly granted are reserved.

4. Your Content and Ownership

4.1 You retain all right, title and interest in and to your Input. 4.2 You grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, transmit, display and create derivative works of your Input strictly to the extent necessary to operate, secure, maintain and support the Service, including transmission to Model Providers for inference. 4.3 As between you and us, and to the maximum extent permitted by law, you own Output generated from your Input. You acknowledge that Output is probabilistic, may be non-unique, may be substantially similar to output generated for other users, and may not be eligible for copyright protection in some jurisdictions. 4.4 You represent and warrant that you hold all rights, consents and permissions necessary to submit your Input, including any personal data, photographs of identifiable individuals, or third-party materials, and that such submission does not infringe any intellectual property, privacy, publicity or contractual right. 4.5 We do not use your Input to train foundation models.

5. Plans, Fees, Billing and Taxes

5.1 The Service is offered on a free tier with usage allowances and on paid Subscriptions described on the pricing page, which forms part of these Terms. 5.2 Subscription fees are billed in advance on a recurring monthly or annual basis and renew automatically until cancelled. 5.3 All fees are stated exclusive of value added tax, sales tax, goods and services tax and similar levies, which you are responsible for paying. 5.4 We may change pricing prospectively upon not less than thirty (30) days' notice; continued use after the effective date constitutes acceptance. 5.5 Failure to pay any amount when due may result in suspension or downgrade of the Account. 5.6 Allowances are personal, non-transferable and do not accrue between billing periods unless expressly stated. 5.7 Refunds are governed by the Refund and Cancellation Policy.

6. Fair and Acceptable Use

6.1 Your use of the Service is subject to the Acceptable Use Policy, which is incorporated by reference. 6.2 We may apply technical rate limits, allowance caps or model routing decisions to protect the integrity, availability and cost structure of the Service. 6.3 Unlimited or uncapped descriptions of any feature are subject to fair-use enforcement against automated, abusive, or commercially resold consumption.

7. Third-Party Services and Model Providers

7.1 The Service integrates independent third parties, including Model Providers, payment processors, search index providers, transcription providers and cloud infrastructure providers. 7.2 Your use of such third-party components may be subject to their own terms. 7.3 We are not responsible for the acts, omissions, availability, pricing or content of any third party, and we may substitute, add or remove providers without notice where the substitution does not materially degrade the Service.

8. Artificial Intelligence Output Disclaimer

8.1 Output may be inaccurate, incomplete, outdated, biased, offensive or entirely fabricated. 8.2 Output does not constitute legal, medical, financial, tax, engineering, safety, immigration or other professional advice, and must not be relied upon as such. 8.3 You are solely responsible for evaluating, verifying and, where relevant, obtaining qualified professional review of Output before acting upon it. 8.4 Photographic restoration, editing and generation features are generative and may alter appearance; they must not be used as forensic, evidentiary or identification tools.

9. Intellectual Property

9.1 The Service, including its software, user interfaces, design systems, trade marks, documentation and all improvements, is and remains the exclusive property of Lumina and its licensors. 9.2 Feedback you voluntarily provide may be used by us without restriction, attribution or compensation. 9.3 Nothing in these Terms transfers ownership of any intellectual property to you.

10. Confidentiality and Security

10.1 We implement commercially reasonable technical and organisational measures designed to protect the Service and stored Content, including encryption in transit, access controls and row-level authorisation. 10.2 No method of transmission or storage is completely secure, and we do not warrant absolute security. 10.3 You must not attempt to access data belonging to another user or to probe, scan or test the vulnerability of the Service without our prior written consent.

11. Suspension and Termination

11.1 You may terminate these Terms at any time by discontinuing use and deleting your Account. 11.2 We may suspend or terminate access immediately, with or without notice, where: (a) you materially breach these Terms or the Acceptable Use Policy; (b) required by law or a competent authority; (c) continued provision would create a security, legal, or financial risk; or (d) fees remain unpaid. 11.3 Upon termination all licences granted to you cease immediately and we may delete stored Content after a reasonable retention window. 11.4 Clauses which by their nature should survive termination shall survive, including clauses 4, 8, 9, 12, 13, 14 and 16.

12. Disclaimer of Warranties

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. 12.2 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECT WILL BE CORRECTED. 12.3 Some jurisdictions do not permit the exclusion of certain warranties; in such jurisdictions the exclusions apply to the fullest extent permitted.

13. Limitation of Liability

13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY, OR DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. 13.2 OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100). 13.3 These limitations apply even if a limited remedy fails of its essential purpose and do not limit liability which cannot be limited by law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

14. Indemnification

You shall defend, indemnify and hold harmless Lumina, its affiliates, officers, directors, employees, agents and licensors from and against any and all claims, demands, proceedings, losses, liabilities, damages, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to (a) your Input or Output you use or distribute; (b) your breach of these Terms or the Acceptable Use Policy; (c) your violation of any law or of any third-party right; or (d) any dispute between you and a third party concerning the Service.

15. Force Majeure

Neither party shall be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, epidemic, governmental action, labour dispute, internet or utility failure, third-party model or cloud provider outage, or cyber attack.

16. Governing Law, Dispute Resolution, Arbitration and Class Waiver

16.1 These Terms and any dispute arising out of or in connection with them shall be governed by the laws of the State of Texas, United States, without regard to conflict-of-law rules. 16.2 The parties shall first attempt in good faith to resolve any dispute by written notice to legal@lumina.app and informal negotiation for thirty (30) days. 16.3 Where such negotiation fails, any dispute shall be finally resolved by binding individual arbitration seated in the State of Texas, United States, conducted in the English language by a single arbitrator under the rules of the arbitral institution designated by us at the time of filing. 16.4 TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, AND WAIVES ANY RIGHT TO TRIAL BY JURY. 16.5 Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information. 16.6 Consumers resident in jurisdictions where such provisions are unenforceable retain all mandatory statutory rights, including the right to bring proceedings before their local courts.

17. Changes to the Service and to these Terms

17.1 We may modify, enhance, suspend or discontinue any feature at any time. 17.2 We may amend these Terms by publishing a revised version with an updated effective date and, where the change is material, by providing reasonable prior notice. 17.3 Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

18. General Provisions

18.1 These Terms, together with the policies incorporated by reference, constitute the entire agreement between the parties and supersede all prior understandings. 18.2 If any provision is held unenforceable, it shall be modified to the minimum extent necessary and the remaining provisions shall remain in full force. 18.3 No failure or delay in exercising a right constitutes a waiver. 18.4 You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganisation or sale of assets. 18.5 Nothing in these Terms creates a partnership, agency, joint venture or employment relationship. 18.6 Notices to us must be sent to legal@lumina.app; notices to you may be sent to the email address on your Account or displayed in the Service.

19. Contact

Questions regarding these Terms should be directed to Lumina, Galveston, Texas, United States, or by email to legal@lumina.app.