TERMS OF USE

Last Updated: June 12, 2023

WELCOME, USERS!

These Terms of Use (“Terms”) govern your use of Kseniya Boikova developer team (“we,” “us” or “our”) Lumify mobile application, Lumify website and related services available, accessible or enabled via the Lumify mobile application or website (collectively, “Lumify”).

BY CLICKING TO ACCEPT THESE TERMS, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, SO PLEASE READ THEM CAREFULLY.  IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES

 By accessing or using the Services, you represent and warrant that:

• These Terms constitute a legally binding agreement between you and Kseniya Boikova developer team;
• You are at least 13 years of age or older;
• You are not prohibited or restricted from using the Services under the laws of the United States or any other applicable jurisdiction; and
• You will comply with these Terms and all relevant laws and regulations.
• If you do not meet all of these requirements, you must refrain from accessing or using Lumify.

AS USED HEREIN:

• “Service” refers to Lumify and Lumify-related services which may be used across devices (including PC, TV, mobile devices, and other wired or wireless devices).
• “you” or “Users” refers to all visitors, users and others who access the Services. If you are accessing or using the Services on behalf of a business or entity, then “you” and “your” includes you and that business or entity and you represent and warrant that you are authorized to bind that business or entity to these Terms and that you agree to these Terms on the entity’s behalf.
• “User Content” means any photos, images and other works of authorship of any kind that are uploaded to Lumify by Users.

1. ELIGIBILITY

Users must be at least thirteen (13) years of age or older. If you are under the age of thirteen (13), you may only use our Service with the prior consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you before using the Services. If you are a parent or legal guardian and you have consented to your child’s use of the Services, these Terms apply to you, and you are responsible for supervising and managing your child's use of the Services.

2. CHANGES TO THE TERMS AND SERVICE

The current version of the Terms is effective as of the "Last Updated" date above. We reserve the right to update these Terms at our sole discretion by providing modified versions on the Lumify App. By doing so, we consider that we have provided you with sufficient notice of the amendment. While we will notify you of any material changes to the Agreement, it is also your responsibility to periodically review the most up-to-date version of the Terms by accessing the Lumify website and Lumify App. Your continued use of the Service after the posting of revised Terms of Use signifies your acceptance and agreement to the changes.

Our service is continuously evolving, and we may, without prior notice, change, cease provision, or impose limitations or restrictions on the use of the Services or any part thereof. Additionally, we reserve the right, at our sole discretion, to permanently or temporarily terminate or suspend your use of the Service or any part thereof if, in our opinion, you have violated any provision of these Terms of Use.

3. INTELLECTUAL PROPERTY AND RIGHTS GRANTED TO YOU

Except for your User Content, the Service and all materials therein or transferred thereby, including, but not limited to, all proprietary content, visual interfaces, interactive elements, compilation, computer code, products, look and feel, features, material, software, images, graphics, illustrations, names, logos, trademarks, photographs, illustrations, video, audio, music, and other elements of the Service ("Content") belong to us and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing in these Terms shall be deemed to create a license in or under any such intellectual property right, and you may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Content except as expressly authorized by this Agreement. We also reserve all rights not expressly granted in this Agreement.

We grant you a worldwide, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Service. This license is solely for the purpose of enabling you to use and enjoy the benefits of the Service as provided by us, in the manner permitted by these Terms.

Unless otherwise specified, you may only view, share, store, use, transmit, and post User Content via the Lumify mobile application or website for personal and non-commercial purposes. Such viewing, printing, or downloading of any content grants you only a limited, nonexclusive, revocable license solely for your personal use. We do not claim any ownership rights in any User Content.

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will immediately cease, and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Service not expressly permitted by these Terms of Use constitutes a breach of these Terms and may violate copyright, trademark, and other laws.

4. PROHIBITED USES

While using the Services, you agree not to:

•  License, sublicense, sell, lease, transfer, assign, copy, distribute, disclose, or otherwise commercially exploit any part of the Services or Content in any medium.
•  Modify, translate, disassemble, decompile, decode, reverse compile, reverse engineer, merge, or make derivative use of the Service or Content, or any portion thereof.
•  Download any portion of the Service, Content, or any information contained therein, except as expressly permitted on the Service.
•  Use the Service or Content in a manner other than as specifically authorized by these Terms or for non-intended purposes.
•  Remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Lumify or Content.
•  Use the Services for any commercial solicitation purposes or for purposes of making any products or services that are competitive with the Services.
•  Access the Lumify API with an unauthorized party or third-party client.
•  Use the Lumify name or any of the Lumify trademarks, logos, domain names, and other distinctive brand features.
•  Access any content on the Services through any technology or means other than those provided or authorized by the Services.
•  Use the Service in any manner that may have a detrimental effect on the Service or us.
•  Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner.
•  Compromise the security of the Service.
•  Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials.
•  Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data.
•  Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Service.
•  Attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Service that you are not authorized to access.
•  Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so.
•  Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
•  Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.

5. USER CONTENT

You are solely responsible for all your User Content, and you represent and warrant that you have obtained all necessary rights, consents, waivers, and authorizations to use the User Content in accordance with the functionality of the Services without violating the rights of others, including any rights of privacy or publicity with respect to the name, image, and likeness of any individual included in your User Content.

We do not assume any responsibility for the User Content, and we are not obligated to monitor access to or use of Lumify or to review or edit any User Content. However, we reserve the right to do so for the purpose of operating Lumify, ensuring compliance with these Terms, or complying with applicable law or other legal requirements.

We have the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

6. PROTECTION OF PERSONAL INFORMATION

We respect your privacy and have established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Service.  Our Privacy Policy is available on the Lumify website and mobile application and applies to your use of the Service.  By using the Service and/or indicating your consent to the Privacy Policy, you are agreeing to the terms of our Privacy Policy as updated from time to time.

We do not knowingly collect personal information from Users under the age of 16 without consent from a parent or legal guardian.  Any parent or guardian who believes that a user under the age of 16 may have provided personal information without their consent should contact us at lumify.mobile@gmail.com.  In such a case, we will take necessary actions to delete the personal information of Users under the age of 16.

7. FEEDBACK

 We appreciate feedback, comments, and suggestions for improving the Services ("Feedback"). You acknowledge and agree that any contribution of Feedback does not and will not grant you any right, title, or interest in the Services or the Feedback itself. All Feedback provided becomes the sole and exclusive property, and we may use and disclose the Feedback in any manner and for any purpose without further notice or compensation to you, and without you retaining any proprietary or other rights or claims. By providing Feedback, you hereby assign to us all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights, and any other intellectual property rights) that you may have in and to the Feedback.

8. TERMINATION AND SUSPENSION OF ACCESS

Your rights under this Agreement will automatically terminate if you fail to comply with any of these Terms of Use. In the event of such termination, you must immediately discontinue all use of the Service, and we reserve the right to revoke your access to the Service without prior notice. We may, at our sole discretion, suspend or restrict your access to the Service, either partially or completely, if you fail to comply with these Terms. Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or any of our rights or remedies.

9. ADVERTISEMENT

We may display advertisements, either our own or from third parties, to you through various channels, including but not limited to the Service website and/or mobile application, in accordance with these Terms. Advertisements encompass promotional messages (including related technology) aimed at promoting products or services of third-party advertisers. Advertisements may include text, graphics, audio, video, or any combination thereof, and may contain links directing users to external websites or landing pages.

10. INDEMNIFICATION

 You agree to indemnify, defend, and hold us and our affiliates harmless from any losses, liabilities, claims, causes of action, and expenses (including but not limited to reasonable attorney's fees, investigation costs, and litigation expenses, whether incurred before or after the assertion of a formal claim) arising out of or relating to your use of the Service, your breach of this Agreement, or your violation of any applicable laws or regulations.

11.  GENERAL TERMS

1) Export Control: You acknowledge that the Service, as well as your use and handling of the Service, are subject to applicable U.S. and international laws, restrictions, and regulations governing the import, export, and use of the Service and its Content. You agree to comply with all such laws, restrictions, and regulations.

2) English Version: The English version of this agreement will be used for interpretation and construction purposes. In case of any discrepancies or inconsistencies between the English version and any translated versions, the English version shall prevail.

3) Severability: If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions of the Terms will still apply.

4) No Waiver: If we fail to enforce or delay in enforcing any provision of the Terms against you, it does not constitute a waiver of our rights to enforce that provision or any other provisions of the Terms.

5) Assignment or Transfer: You may not assign or transfer your rights or obligations under this agreement to another person without our prior written permission. We reserve the right to transfer our rights and obligations to you, including through an acquisition, merger, sale of services, or any other means, without requiring your permission.

6) Entire Agreement: These Terms constitute the entire and exclusive agreement between you and us regarding the Service, superseding any prior agreements or understandings between you and us regarding the Service.