Terms of Use

Last updated: February 8, 2025

These Terms of Use ("Terms") govern your access to and use of the Lumis mobile application (the "App") provided by Lumis Light App, a subsidiary of TLOP ("we," "our," or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Licensed Application End User License Agreement

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement ("Standard EULA"), or a custom end user license agreement between you and the Application Provider ("Custom EULA"), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the "Licensed Application." The Application Provider or Apple as applicable ("Licensor") reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

2. Acceptance of Terms

By accessing or using Lumis, you confirm that:

• You are at least 13 years of age (or the minimum age of digital consent in your jurisdiction)
• You have the legal capacity to enter into a binding agreement
• You agree to comply with these Terms and all applicable laws and regulations

3. Description of the App

Lumis is a personal development application that provides personalized affirmations and philosophical wisdom based on your self-identified values and preferences. The App is designed to support personal reflection and mindfulness.

4. Subscriptions and Purchases

4.1 In-App Purchases

Lumis may offer premium features, content, or subscriptions available for purchase through the Apple App Store ("In-App Purchases"). All transactions are processed by Apple and are subject to Apple's terms and conditions.

4.2 Subscription Terms

If you purchase a subscription:

• Payment will be charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the applicable subscription rate
• You can manage and cancel your subscriptions through your Apple ID account settings

4.3 Free Trials

We may offer free trial periods for premium features. If you do not cancel before the free trial ends, your subscription will automatically convert to a paid subscription at the advertised rate.

4.4 Refunds

All purchases are processed through Apple. Refund requests must be directed to Apple in accordance with their refund policy. We do not have the ability to process refunds directly.

5. Intellectual Property

5.1 Our Intellectual Property

The App and all its contents, features, and functionality (including but not limited to all text, graphics, logos, icons, images, audio clips, quotes, affirmation content, algorithms, software, and design) are owned by Lumis Light App or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Quote Content

The App includes quotes attributed to various historical and philosophical figures. These quotes are included for educational and inspirational purposes. Where quotes are in the public domain, no copyright claim is made. Where applicable, quotes are used under fair use principles or with appropriate permissions.

5.3 Your Content

You retain ownership of any content you create or input within the App (such as your personal values and preferences). Since this data is stored solely on your device, we do not claim any rights to your personal content.

6. Disclaimer — No Professional Advice

Lumis is not a substitute for professional medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment. The affirmations, quotes, and content provided through the App are for general informational and personal development purposes only. They are not intended to treat, cure, or prevent any mental health condition or illness.

If you are experiencing a mental health crisis, please contact your local emergency services or a mental health professional immediately. In the United States, you can contact the 988 Suicide and Crisis Lifeline by calling or texting 988.

7. Indemnification

You agree to indemnify, defend, and hold harmless Lumis Light App, TLOP, and their officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party

8. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where practicable, through in-App notifications. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.

If you do not agree with the modified Terms, you must stop using the App and delete it from your device.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Lumis Light App is incorporated, without regard to its conflict of law provisions.

9.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the applicable arbitration authority in the jurisdiction of Lumis Light App.

9.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

10. Apple-Specific Terms

The following terms apply to your use of the App as downloaded from the Apple App Store:

• These Terms are between you and Lumis Light App only, not with Apple. Lumis Light App is solely responsible for the App and its content.
• Apple has no obligation to provide any maintenance or support services for the App.
• In the event of any failure of the App to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

11. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lumis Light App regarding the use of the App and supersede all prior agreements, understandings, and communications.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Lumis Light App
A subsidiary of TLOP
Email: lumisapp@outlook.com