Terms of Service

These Terms of Service ("Terms") govern your access to and use of the lummie.dev platform and any related services (collectively, the "Services"), provided by lummie.dev ("Company," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. User Accounts

To access certain features of our Services, you must create an account. You are responsible for safeguarding your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2. Use of Services and Prohibited Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.

You agree to abide by the Company's separate Platform Rules (Acceptable Use Policy), which is incorporated herein by reference and is available atPlatform Rules. Any violation of the Platform Rules constitutes a material breach of these Terms.

3. Intellectual Property Rights

Your Content (Prompts)

You retain all ownership rights to the natural language prompts you submit to the Services ("Your Content"). However, solely for the purpose of operating, improving, and training our AI models and providing the Services to you, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, and distribute Your Content.

Generated Code

Subject to your full compliance with these Terms, you shall own the code generated by the Services based on Your Content ("Generated Code"). You are solely responsible for reviewing, testing, and ensuring the security and compliance of the Generated Code before deploying it. The Company makes no warranties or representations regarding the Generated Code, including its functionality, security, or freedom from third-party intellectual property claims.

Our Services

The Services and their entire contents, features, and functionality (including but not limited to all underlying software, AI models, and interface design) are owned by the Company or its licensors and are protected by international intellectual property laws.

4. Subscription, Billing, and Tokens

Subscription and Automatic Renewal

Access to certain features of the Services requires a paid subscription. You agree to pay the applicable subscription fees. Your subscription will automatically renew at the end of the subscription period (e.g., monthly or annually) unless you cancel your subscription prior to the renewal date. You authorize us (or our third-party payment processor) to charge the current subscription fee to your designated payment method upon renewal.

Fee Changes and Tokens

We reserve the right to change our subscription fees upon thirty (30) days' prior notice to you. Your continued use of the Services after the fee change constitutes your agreement to pay the new fee. Access to the AI generation features is limited by tokens. Tokens are consumed upon use, are non-refundable, and typically do not roll over to the next billing period unless explicitly stated otherwise in your subscription plan.

Refund Policy and Cancellation

You may cancel your subscription at any time. Cancellation will be effective at the end of your current billing period. All fees paid are generally non-refundable. We do not provide refunds or credits for any partial subscription periods or unused tokens, unless required by applicable law.

5. Termination and Remedies for Breach

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or fail to pay subscription fees. Upon termination, your right to use the Services will immediately cease. In the event of termination due to your breach of these Terms, you will not be entitled to any refund of unused subscription fees or tokens.

6. Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of the services is at your sole risk. We do not warrant that the Generated Code will be error-free, secure, or fit for a particular purpose.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; or (iii) your Generated Code, including any claim that the Generated Code infringes the intellectual property rights of a third party.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, or other intangible losses.

The Company's total liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amount you paid to us in the twelve (12) months preceding the claim or (b) Two Hundred Forty U.S. Dollars ($240.00).

9. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms, including disputes regarding the enforceability of any provision, shall be submitted to binding arbitration in Delaware, U.S.A., in accordance with the rules of the American Arbitration Association (AAA), to the extent permitted by law. You and the Company agree to waive any right to participate in a class action or representative proceeding.

10. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, war, acts of terrorism, governmental restrictions, labor disputes, widespread internet or power outages, or the failure of any third-party service provider (e.g., cloud hosting provider, AI model provider).

11. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will alert you about any changes by updating the "Effective Date" of these Terms and providing notice (e.g., via email or a prominent site notification). Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

12. Contact Us

Should you have any questions regarding these Terms, please contact us at:

Email: legal@lummie.dev