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Terms of Service

Please read these terms carefully before using our service.

§1 Preamble

These Terms and Conditions ("Terms") govern the contractual relationship between Luminelle (hereinafter referred to as "Luminelle", "Luminelle AI", "we", "us") and any legal or natural person ("Customer", "you") who accesses or uses the services provided through the domain luminelle.xyz or related subdomains and applications (collectively, the "Service").

By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with any provision of these Terms, you must not use the Service.

§2 Access and Use of the Service

2.1 Provision of Access

Upon your acceptance of these Terms and subject to your continued compliance, Luminelle grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your internal business purposes. The Service is intended to assist in the design, customization, and optimization of Shopify online stores, but is not a substitute for professional legal, technical, or design advice.

You understand that your access to the Service is provided on the basis of a subscription or agreed commercial arrangement. We may modify, update, or remove parts of the Service at any time, provided that such changes do not materially and unreasonably diminish the overall value of the Service for active customers without reasonable notice.

2.2 Inputs and Outputs

The Service allows you to submit prompts, design specifications, store configurations, textual content, images, or other materials (collectively, “Inputs”) into the platform. Based on these Inputs, our AI-driven system may generate responses, designs, recommendations, layouts, or other content (collectively, “Outputs”).

You acknowledge and agree that:

  • You remain solely responsible for the legality, accuracy, and appropriateness of all Inputs you provide.
  • Outputs are generated automatically by algorithms and may contain factual inaccuracies, design flaws, or recommendations that are unsuitable for your business.
  • You must review all Outputs before implementing them on your Shopify store or other platforms.

2.3 Use for Model Training

We will not use your Inputs or Outputs to train our AI models without your explicit, informed consent. You will be able to manage such consent within your account settings or through written agreement.

2.4 Limitations and Disclaimers Regarding AI Outputs

While we strive to ensure that Outputs are relevant and useful, AI technology has inherent limitations. Outputs may:

  • Contain incomplete or outdated information.
  • Fail to account for changes in Shopify’s technical framework or business policies.
  • Include stylistic or functional elements that do not meet your brand or operational requirements.

We expressly disclaim any warranty that Outputs will be fit for any particular purpose or error-free, and you agree that you will not rely on any Output as the sole basis for business decisions without independent verification.

2.5 Prohibited Uses

  • Reverse-engineer, disassemble, or otherwise attempt to obtain the Service’s source code or underlying algorithms.
  • Copy, modify, or create derivative works of the Service or its components.
  • Rent, lease, sell, sublicense, or otherwise provide access to the Service to any third party.
  • Use the Service to develop a competing AI model or software product.
  • Use the Service in any manner that violates applicable Austrian law, European Union law, or the rights of third parties, including intellectual property, data protection, and unfair competition laws.

§3 Eligibility

You must be at least eighteen (18) years old or have reached the legal age of majority in your jurisdiction (whichever is higher) to use the Service. By registering an account or using the Service, you represent and warrant that you meet this requirement, have full legal capacity, and are not prohibited from accessing or using the Service under any applicable laws or regulations.

§4 Account Registration and Security

To access certain features of the Service, you must register an account by providing accurate, current, and complete information, including your name, email address, and any other requested details. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.

If you suspect any unauthorized access to your account, you must notify us immediately via legal@luminelle.xyz. We are not responsible for losses resulting from unauthorized access due to your failure to secure your account credentials.

§5 Payment Terms

5.1 Paid Services and Fees

Certain features of the Service require payment of fees. All applicable fees, subscription plans, and billing cycles are detailed on luminelle.xyz. By selecting a paid plan, you agree to pay the fees associated with that plan.

5.2 Payment Processing

We use third-party payment processors, such as Stripe, to handle payments. These processors operate under their own terms of service and privacy policies, which you are responsible for reviewing. By making payments, you authorize us and our payment processor to store and process your payment details securely.

5.3 Subscription Renewals and Cancellations

Subscriptions will automatically renew for successive periods of equal length unless cancelled at least 24 hours prior to the renewal date. You can cancel your subscription at any time through your account settings.

5.4 Taxes

All fees are exclusive of applicable value-added tax (VAT) or other similar taxes, which will be charged in accordance with Austrian and EU tax regulations.

5.5 Late Payment Consequences

If you fail to pay fees when due, we may suspend your access to the Service until payment is received, and you may be charged statutory interest in accordance with Austrian law.

§6 Intellectual Property Rights

6.1 Ownership of the Service

The Service, including all associated software, user interfaces, designs, logos, trademarks, and other intellectual property, is owned by Luminelle or its licensors. Nothing in these Terms grants you ownership rights in the Service.

6.2 Ownership of Inputs and Outputs

You retain all rights to the Inputs you provide. Subject to these Terms, we assign to you any intellectual property rights we may have in the specific Outputs generated for you, excluding any pre-existing Luminelle materials or technologies.

6.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Service, you grant us a non-exclusive, worldwide, royalty-free, and perpetual right to use and incorporate such feedback without any obligation to you.

§7 Third-Party Services and Integrations

The Service may integrate with third-party platforms, such as Shopify. Such integrations are provided for your convenience, but their availability and performance are outside our control. Your use of third-party services is governed by their own terms and conditions. We are not responsible for any issues arising from third-party services, including downtime, data loss, or changes to their APIs or policies.

§8 Data Protection and Privacy

We process personal data in accordance with our Privacy Policy, available at luminelle.xyz/privacy, and in compliance with the General Data Protection Regulation (GDPR) and applicable Austrian data protection laws. Where we act as a data processor on your behalf, we do so only in accordance with your documented instructions and under a separate data processing agreement.

§9 Service Availability and Modifications

We strive to ensure the Service is available at all times but cannot guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service, with reasonable notice where feasible, especially if such actions are necessary for security, compliance, or technical reasons.

§10 Disclaimer of Warranties

The Service and any outputs, recommendations, or other materials generated by the Service (“Outputs”) are provided “as is” and on an “as available” basis. Luminelle disclaims all warranties of any kind, whether express, implied, or statutory, relating to the Service and Outputs, including but not limited to:

  • any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement;
  • any warranty arising from course of dealing, usage, or trade.

Luminelle does not warrant that the Service or Outputs will be uninterrupted, secure, or free of errors, viruses, or other harmful components, nor that any such issues will be detected or corrected. You acknowledge and agree that any use of Outputs from the Service is at your sole risk, and you shall not rely on any Output as a definitive or sole source of fact or advice.

Certain laws, including those under Austrian and European Union consumer protection frameworks, may not allow the exclusion of implied warranties. In such cases, the above disclaimers shall apply to the fullest extent permitted by applicable law.

§11 Limitation of Liability

To the fullest extent permitted by Austrian and European law:

  • Our total liability for all claims arising under these Terms is limited to the greater of: (i) the total amount you paid to us in the six (6) months preceding the event giving rise to liability; or (ii) €100.
  • We are not liable for indirect, incidental, or consequential damages, including lost profits, business interruption, or data loss.

§12 Indemnification

You agree to indemnify and hold harmless Luminelle, its affiliates, and employees from any claims, damages, losses, liabilities, or expenses (including legal fees) arising from:

  • Your misuse of the Service;
  • Your violation of these Terms;
  • Any infringement or alleged infringement by your Inputs or Outputs on third-party rights.

§13 Termination

We may suspend or terminate your account if you materially breach these Terms or fail to pay applicable fees. Upon termination, all rights granted under these Terms will cease, and we may delete your Content, subject to any statutory data retention requirements.

§14 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Austria and applicable European Union law, excluding conflict-of-law rules. Any disputes shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria.

§15 Changes to the Terms

We may amend these Terms from time to time. The most recent version will be published on luminelle.xyz, and material changes will be communicated to you before taking effect. Continued use of the Service after such changes constitutes your acceptance.

§16 Contact Information

If you have any questions about this Privacy Policy or your data, please contact us.