Terms of Service

These Terms of Service ("Terms", "Terms of Service", "Agreement", or "Service Agreement") govern your relationship with the apps and related services operated by Lumi Software B.V. ("Lumi Software", "us", "we", or "our") and listed on lumisoftware.io (the "Service"). Lumi Software B.V. is registered with the Dutch Chamber of Commerce (KvK) under number 42084955. It is important that you read this carefully because you will be legally bound to these terms.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.

You must be old enough to form a binding contract under the laws of your country of residence in order to use the Service. If you are below that age, you may use the Service only with the involvement and consent of a parent or legal guardian.

The "Service" means the iOS mobile applications and related services provided by Lumi Software, including but not limited to Photo Cleaner, Imposter Game!, Finger Chooser, Dice Roller, and any future applications. All software, applications, data, text, images, and other content made available by or on behalf of Lumi Software. Any modifications to the Service are also subject to these Terms.

Lumi Software reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to Lumi Software.

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a regular basis, typically weekly, monthly or yearly.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Lumi Software cancels it. You can manage or disable subscription renewal in your App Store account settings on your device (Settings → [your name] → Subscriptions).

Lumi Software may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Lumi Software until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Lumi Software reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Lumi Software, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Lumi Software will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Purchases and subscriptions are processed by Apple through the App Store, and refund requests are handled by Apple in accordance with Apple's policies. We do not process payments directly and generally cannot issue refunds ourselves; however, we may consider and help with refund requests on a case-by-case basis at our discretion.

Nothing in this section affects any statutory rights you may have as a consumer, including any right of withdrawal under applicable law. For digital content and services that begin immediately after purchase, you acknowledge that performance starts upon purchase and that, to the extent permitted by law and where you have consented to immediate performance, your statutory right of withdrawal may no longer apply once performance has begun.

The Service and all contents, including but not limited to text, images, graphics or code are the property of Lumi Software and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Lumi Software or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

The Service may contain links to third-party web sites or services that are not owned or controlled by Lumi Software.

Lumi Software has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lumi Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be charged for Services until you disable subscription renewal in your App Store account settings on your device (Settings → [your name] → Subscriptions).

Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either Lumi Software or our other customers.

Nothing in these Terms limits or excludes our liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable mandatory law.

Subject to the foregoing, Lumi Software, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Lumi Software makes no guarantees, representations or warranties of any kind as regards our mobile applications and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under applicable law.

Lumi Software does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and Lumi Software chooses not to immediately act, or chooses not to act at all, Lumi Software will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Lumi Software shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement, except as expressly provided in Section XV (Apple App Store Terms).

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some of the limitations above may not apply to you.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under applicable mandatory law — including the statutory conformity guarantees for digital content and services under European Union and Dutch consumer law — and that cannot lawfully be excluded or limited. Where any provision of these Terms conflicts with such mandatory rights, those rights prevail.

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands. Lumi Software makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you are a consumer resident in the European Union, you also benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of that protection.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using this mobile app.

The Service is made available through the Apple App Store. You acknowledge that these Terms are entered into between you and Lumi Software only, and not with Apple, and that Lumi Software, not Apple, is solely responsible for the Service and its content.

Apple has no obligation to furnish any maintenance or support services for the Service. To the extent these Terms provide any warranty or address claims relating to the Service — such as product liability, a failure to conform to applicable legal requirements, or claims that the Service infringes third-party intellectual property rights — as between Apple and Lumi Software, Lumi Software is responsible for addressing such matters, subject to applicable law.

You must comply with the Apple Media Services Terms and Conditions and any applicable usage rules when using the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you as a third-party beneficiary.

If you have any questions about these Terms of Service, please feel free to contact us at hello@lumisoftware.io.