Legal Terms &
Agreements
Document 1 of 4
Terms of Service
Effective: November 26, 2025 · Replaces all prior versions
By accessing or using lumifyai.com, any subdomains, mobile applications, APIs, or related services (collectively, the “Service”), you (“User,” “you”) agree to be bound by these Terms of Service. If you do not agree, you must immediately cease all use of the Service. These Terms constitute a legally binding agreement between you and Lumify AI, Inc., a Delaware corporation (“Lumify AI,” “we,” “us,” “our”).
§ 1.1
Operator Identity & Corporate Information
The Service is operated by Lumify AI, Inc., a Delaware corporation with its principal place of business in the United States. All legal notices must be submitted in writing to legal@lumifyai.com or to our registered agent on file with the Delaware Secretary of State.
§ 1.2
Eligibility & Age Requirement
You must be at least 18 years of age, or have obtained verifiable parental or legal guardian consent, to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into binding agreements.
§ 1.3
License Granted to You
Subject to these Terms, Lumify AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal or internal business purposes. This license does not include any rights to the underlying AI models, training data, platform code, or proprietary systems.
§ 1.4
Prohibited Actions
You may not, directly or indirectly:
- Reverse-engineer, decompile, disassemble, or attempt to extract source code or underlying AI models
- Use automated scripts, bots, scrapers, or crawlers except on APIs we explicitly designate as public
- Resell, white-label, or redistribute our outputs as your own commercial product without prior written authorization
- Use the Service for any unlawful, harmful, defamatory, or third-party rights-infringing purpose
- Attack, overload, conduct denial-of-service attacks, or attempt to breach our security infrastructure
- Circumvent rate limits, access controls, authentication mechanisms, or technical restrictions
- Collect, harvest, or otherwise obtain data about other users without their express consent
- Upload or transmit malicious code, viruses, or disruptive software of any kind
§ 1.5
Intellectual Property & Ownership
Lumify AI retains exclusive ownership of the platform, user interface, AI models, training methodologies, code, branding, trademarks, and all related intellectual property. You retain ownership of content you upload. To the extent outputs are generated from your inputs and expressly assigned to you in a separate written agreement, such assignments are governed by that agreement. Nothing in these Terms constitutes a transfer of Lumify AI’s intellectual property.
§ 1.6
Payment, Fees & Refund Policy
All fees paid to Lumify AI are non-refundable except where required by applicable law. Lumify AI reserves the right to modify pricing at any time upon reasonable advance notice (email or in-app notification constitutes adequate notice). Continued use of the Service following a price change constitutes acceptance of the new pricing.
§ 1.7
Termination
Either party may terminate this agreement at any time. Lumify AI may suspend or terminate your access immediately, with or without notice, for any breach of these Terms or for any business reason. Upon termination, all licenses granted to you cease and you must discontinue all use of the Service. Sections governing intellectual property, indemnification, limitation of liability, and governing law survive termination.
§ 1.8
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED ACCESS. LUMIFY AI DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS.
§ 1.9
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- Lumify AI shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages of any nature, even if advised of the possibility of such damages
- Our aggregate total liability for any claims arising under or relating to these Terms shall not exceed the greater of (a) the total fees paid by you to Lumify AI in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00)
§ 1.10
Indemnification
You agree to defend, indemnify, and hold harmless Lumify AI, its officers, directors, employees, agents, and licensors from any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or third-party right; or (d) your uploaded content.
§ 1.11
Governing Law, Venue & Dispute Resolution
These Terms are governed exclusively by the laws of the State of Delaware, without regard to conflict-of-law principles. You irrevocably consent to the exclusive jurisdiction of state and federal courts located in Delaware for resolution of any dispute. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION AND ANY RIGHT TO A JURY TRIAL.
§ 1.12
Modifications to Terms
Lumify AI may modify these Terms at any time. We will provide advance notice via email, in-app message, or a prominent site banner. Your continued use of the Service after the effective date of any modification constitutes acceptance of the revised Terms.
Document 2 of 4
End User License Agreement
Effective: November 26, 2025 · Applies to all software, APIs, and AI model access
This End User License Agreement (“EULA”) is a binding legal contract between you (or the entity you represent, “Licensee”) and Lumify AI, Inc. (“Licensor”) governing your use of the Lumify AI software, AI models, APIs, SDKs, and associated documentation (collectively, “the Software”). This EULA supplements the Terms of Service. In the event of a conflict, this EULA controls with respect to Software licensing matters.
§ 2.1
Grant of License
Subject to full compliance with this EULA and payment of applicable fees, Licensor grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable license to:
- Install and use the Software solely on authorized devices or cloud environments controlled by Licensee
- Access the AI models and APIs solely through officially provided interfaces
- Use the Software solely for Licensee’s internal business operations or authorized evaluation purposes
- Make a reasonable number of archival copies of the Software for backup purposes only
Enterprise & Studio Evaluation: If you are accessing the Software under a designated evaluation agreement with Lumify AI (including evaluations conducted by major media and entertainment enterprises), your use is further governed by the separate Evaluation License Agreement executed between your organization and Lumify AI, Inc. That agreement controls the scope, duration, and authorized use cases of the evaluation period.
§ 2.2
License Restrictions
Licensee shall not, and shall ensure its authorized users do not:
- Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Software or any derivative thereof
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Software or AI models
- Use the Software to develop competing AI products, services, or models without prior written consent
- Remove or alter any proprietary notices, labels, or marks on the Software
- Use the Software in any manner that violates applicable law, regulation, or third-party rights
- Access the Software via automated means beyond those expressly permitted by Licensor
- Use output generated by the Software to train, fine-tune, or improve any competing AI system without written authorization
§ 2.3
Intellectual Property Rights
The Software and all copies thereof are proprietary to Licensor and title thereto remains in Licensor. All rights in the Software not specifically granted in this EULA are reserved to Licensor. Licensee acknowledges that no title to the intellectual property in the Software is transferred to Licensee. The source code and structure of the Software are valuable trade secrets of Licensor.
Outputs generated by the Software may be used by Licensee for internal business purposes. Licensee does not acquire any intellectual property rights in the underlying models, weights, or training methodologies by virtue of receiving outputs.
§ 2.4
Confidentiality
Licensee acknowledges that the Software, including its features, functionality, performance characteristics, pricing, and technical architecture, constitutes Confidential Information of Licensor. Licensee agrees to: (a) hold all Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without prior written consent; and (c) limit access to authorized personnel with a need to know.
Confidentiality period
3 years post-termination
Exceptions
Publicly known; independently developed; legally compelled disclosure
§ 2.5
Audit Rights
Upon reasonable advance written notice (no less than ten (10) business days), Licensor may audit Licensee’s use of the Software no more than once per calendar year to verify compliance with this EULA. Licensee shall reasonably cooperate with such audits. Audits shall be conducted at Licensor’s expense unless material non-compliance is discovered, in which case reasonable audit costs shall be borne by Licensee.
§ 2.6
Evaluation License Terms
If Licensee is using the Software under an evaluation or trial arrangement:
- The evaluation period is as specified in the applicable evaluation agreement, or thirty (30) days if none is specified
- Evaluation use is strictly limited to internal testing; production use is prohibited without a separate commercial license
- Licensor may terminate the evaluation license at any time upon written notice
- Evaluation outputs may not be used commercially or shared publicly without written authorization
- Feedback provided during evaluation may be used by Licensor to improve the Software without restriction or compensation
- Confidentiality obligations under § 2.4 apply in full during and after the evaluation period
§ 2.7
Updates & Maintenance
Licensor may, at its sole discretion, provide updates, patches, or new versions of the Software. Any such updates are subject to this EULA unless accompanied by a separate license agreement. Licensor has no obligation to provide support, maintenance, or updates under this EULA unless separately agreed in writing.
§ 2.8
Export Compliance
The Software may be subject to export control laws and regulations, including the U.S. Export Administration Regulations. Licensee agrees to comply with all applicable export laws and not to export, re-export, or transfer the Software to any jurisdiction, entity, or individual prohibited under applicable law without obtaining all required authorizations.
§ 2.9
Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
§ 2.10
Limitation of Liability
IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE. LICENSOR’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
§ 2.11
Termination
This EULA is effective until terminated. Licensor may terminate immediately upon written notice if Licensee breaches any provision. Upon termination, Licensee must cease all use of the Software and destroy all copies in its possession or control, certifying such destruction in writing upon request. Sections 2.3, 2.4, 2.9, 2.10, and 2.12 survive termination.
§ 2.12
Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in state or federal courts in Delaware.
Document 3 of 4
Privacy Policy
Effective: November 26, 2025 · Applies globally, with supplemental rights by jurisdiction
Lumify AI, Inc. is committed to protecting the privacy of individuals who interact with our Service. This Privacy Policy describes what personal data we collect, how we use it, and your rights with respect to that data. By using the Service, you acknowledge and agree to this Privacy Policy.
§ 3.1
Data We Collect
- Account Information: Name, email address, company name, billing address, and payment details
- Usage Data: Prompts, generated outputs, IP addresses, browser type and version, timestamps, and interaction logs
- Uploaded Content: Files, images, documents, and any text you submit through the Service
- Technical Data: Device identifiers, operating system, session data, and cookies
- Communications: Support tickets, feedback submissions, and correspondence with our team
§ 3.2
How We Use Your Data
- To provide, operate, and improve the Service and its features
- To train and fine-tune our AI models, subject to your opt-out rights where available
- For billing, account management, support, and fraud prevention
- To comply with legal obligations and conduct abuse monitoring
- To send transactional communications and, where you have consented, marketing communications
§ 3.3
Sale of Personal Data
Lumify AI does not sell, rent, or trade your personal data to third parties for their marketing or commercial purposes.
§ 3.4
Data Retention
Account data
Active period + 180 days post-closure
Prompts & outputs
Up to 90 days for safety review, then deleted or anonymized
Uploaded files
As required to provide the Service; deleted upon request
Legal hold
Extended retention where required by law or active litigation
§ 3.5
Third-Party Processors
- Payment processing: Stripe, PayPal, or equivalent PCI-DSS compliant providers
- Cloud infrastructure: Google Cloud Platform, Cloudflare, AWS, or equivalent
- Analytics & support: Industry-standard SaaS tools under contractual data protection obligations
§ 3.6
Your Rights
Depending on your jurisdiction, you may have rights to access, correct, delete, restrict, or port your personal data. To exercise any of these rights, contact us at privacy@lumifyai.com. We will respond within thirty (30) days, or within the timeframe required by applicable law.
§ 3.7
Security Measures
We implement industry-standard technical and organizational security measures including encryption in transit and at rest, access controls, and regular security assessments. No method of electronic storage or transmission is 100% secure; we cannot guarantee absolute security.
§ 3.8
International Data Transfers
Your data may be processed in the United States or any country where Lumify AI or its subprocessors operate. Where required by applicable law, we implement appropriate transfer mechanisms such as Standard Contractual Clauses to safeguard cross-border data transfers.
Document 4 of 4
Enterprise & Evaluation Terms
Applies to all enterprise customers, studio evaluations, and potential investment partners
This section supplements the Terms of Service and EULA for enterprise customers, media and entertainment studio partners, and entities evaluating Lumify AI for procurement or investment purposes. Where any conflict exists, a separately executed Master Services Agreement or Evaluation License Agreement shall control.
§ 4.1
Enterprise License Scope
Enterprise licenses are governed by a separately negotiated Master Services Agreement (“MSA”). The MSA will specify authorized users, permitted use cases, SLA commitments, data processing addenda, and any custom terms required by the enterprise’s legal or procurement team. In the absence of a signed MSA, these general Terms of Service and EULA govern.
§ 4.2
Studio & Media Evaluation Program
Lumify AI’s studio evaluation program is designed to meet the legal and compliance requirements of major media and entertainment enterprises. Evaluation participants receive:
- A dedicated evaluation license agreement with defined scope, duration (typically 30–90 days), and usage boundaries
- A Data Processing Addendum (“DPA”) covering all personal data handled during evaluation, including CCPA, GDPR, and applicable state law compliance
- A mutual Non-Disclosure Agreement (“NDA”) to protect both parties’ confidential information
- Detailed Security & Compliance documentation including our SOC 2 posture, encryption standards, and incident response procedures
- Designated legal and technical points of contact for the duration of the evaluation
§ 4.3
Data Processing Addendum
For enterprise customers and evaluation partners who process personal data through the Service, Lumify AI will execute a Data Processing Addendum (“DPA”) addressing: lawful basis for processing; data subject rights; subprocessor disclosure and controls; international transfer mechanisms; data breach notification (within 72 hours of confirmed breach); and retention and deletion obligations. To request a DPA, contact legal@lumifyai.com.
§ 4.4
Mutual Non-Disclosure Agreement
All enterprise engagements and studio evaluations include execution of a mutual NDA covering both parties’ confidential information, including proprietary technology, business strategies, financial data, and evaluation results. Standard NDA terms include a three-year confidentiality period, carve-outs for publicly available information and independent development, and appropriate remedies for breach including injunctive relief. To request an NDA, contact legal@lumifyai.com.
§ 4.5
Intellectual Property in Enterprise Context
Any creative outputs generated using Lumify AI during an enterprise engagement or evaluation remain subject to § 1.5 and § 2.3 of these Terms. If an enterprise customer requires specific IP assignment, work-for-hire arrangements, or content licensing terms for outputs, these must be negotiated and documented in a separate written agreement executed by authorized representatives of both parties prior to such use.
§ 4.6
Compliance & Regulatory Documentation
Lumify AI maintains compliance documentation to support enterprise due diligence, including:
- SOC 2 Type II audit readiness documentation available under NDA
- GDPR and CCPA compliance frameworks and privacy impact assessment templates
- AI governance documentation describing model development, bias testing, and responsible AI practices
- Insurance certificates (Cyber Liability, E&O, General Liability) available upon request
General inquiries
contact@lumifyai.com
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Enterprise sales
contact@lumifyai.com