Introduction

These Terms of Service ("Terms") govern your access to the lummie.app platform provided by lummie.app ("Company," "we," "us," or "our"). By using the Services, you agree to be bound by these Terms.

1. User Accounts

You are responsible for safeguarding your account and password. Any violation of our Platform Rules (incorporated herein by reference) constitutes a material breach of these Terms, allowing us to terminate your access immediately without notice.

2. Intellectual Property & AI Output

Ownership: You own the natural language prompts you submit and the resulting output (Code and Images). However, you acknowledge that AI-generated content may not be eligible for copyright protection in all jurisdictions.

No-Training Guarantee

You grant the Company a license to use your prompts solely to the extent necessary to provide the Services. The Company and its third-party providers (Reve API) do NOT use your prompts or generated content to train, retrain, or improve any artificial intelligence models.

3. Third-Party Providers & Availability

The Services utilize third-party providers, including the Reve API for image generation, cloud hosting, and payment processors. You acknowledge that AI output is provided "AS IS" and the Company is not liable for offensive, inaccurate, or biased results produced by third-party models. Furthermore, the Company shall not be liable for any service interruptions, downtime, or outages caused by the failure of these third-party dependencies or general internet infrastructure.

4. Billing & Refund Policy (Poland Compliance)

Subscriptions renew automatically until canceled. All fees paid are non-refundable.

Notice for EU Consumers

Pursuant to Art. 38 item 13 of the Polish Act on Consumer Rights (Ustawa o prawach konsumenta), you explicitly lose your right of withdrawal (14-day refund) once the digital content is delivered or the first token is consumed, provided you gave prior express consent at checkout.

5. Professional Responsibility

Human-in-the-Loop: All AI-generated output is provided for assistance purposes only. The User MUST perform a final human review and security testing of all code before deployment. The Company is not liable for security vulnerabilities, logic errors, or IP infringements contained within AI-generated output.

6. Indemnification & Duty to Defend

6.1. Scope: To the maximum extent permitted by law, the User agrees to indemnify and hold harmless the Company and its providers (including Reve API) from any third-party claims arising from: (a) User’s prompts; (b) use of Output; (c) breach of these Terms.

6.2. Defense: The Company reserves the right to assume exclusive defense of any matter subject to indemnification by the User.

6.3. Consumer Exception (Poland/EU): For Users identified as "Consumers" under Polish law, this indemnity applies only to claims caused by the User’s intentional actions, gross negligence, or breach of the Platform Rules.

7. Disclaimer of Warranties

The Services are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by applicable law, the Company disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

8. Limitation of Liability

Except for cases of willful misconduct or gross negligence:

THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE USER TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.

9. Governing Law & Jurisdiction

These Terms are governed by the laws of Poland and the European Union. Any disputes shall be settled exclusively in the competent courts of Poland.

10. Contact

Email: legal@lummie.app