Last updated: December 2024
By downloading, installing, accessing, or using the LUX AI mobile application ("App," "Service," or "Application"), you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms," "Agreement," or "Terms of Service"). These Terms constitute a legally binding agreement between you and LUX AI ("Company," "we," "our," or "us").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms within the App or on our website. Your continued use of the App after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
LUX AI is a mobile application that provides AI-powered image generation services, including but not limited to:
The App is available for download on the Apple App Store. Certain features may require a paid subscription or in-app purchases.
To use the App, you must:
If you are between 13 and 18 years old (or between 16 and 18 in the EEA), you must have your parent or legal guardian's permission to use the App and they must agree to these Terms on your behalf.
By using the App, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the App.
4.1 Account Creation: To access certain features of the App, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information.
4.2 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to:
4.3 Account Termination: We reserve the right to suspend, disable, or delete your account at any time, with or without notice, for any reason, including violation of these Terms.
5.1 Premium Features: LUX AI offers subscription plans and in-app purchases to access premium features and content.
5.2 Payment Terms:
5.3 Subscription Auto-Renewal:
5.4 Free Trials:
5.5 Refunds: All purchases are final and non-refundable, except as required by applicable law or as determined by Apple's refund policies. For refund requests, please contact Apple Support directly.
PLEASE READ THIS SECTION CAREFULLY.
All images generated by LUX AI are created using artificial intelligence technology. You acknowledge and agree to the following:
6.1 Content Ownership:
6.2 Content Limitations:
6.3 Prohibited Content: You agree NOT to use the App to generate:
6.4 Personal Responsibility: You acknowledge that any use of generated images is at your own risk and sole responsibility. We are not responsible for how you use or distribute generated content.
7.1 User Content: By entering text prompts or other content to the App, you:
7.2 Prohibited Conduct: When using the App, you agree NOT to:
8.1 Our Intellectual Property: All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of LUX AI or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
8.2 Restrictions: You may NOT:
8.3 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal and commercial use on devices you own or control.
THE APP AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
YOUR USE OF THE APP IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.1 IN NO EVENT SHALL LUX AI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
10.2 OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
10.3 THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless LUX AI and its affiliates, directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
12.1 Informal Resolution: Before filing any formal dispute, you agree to first contact us at apputopiacy@gmail.com and attempt to resolve any dispute informally for at least 30 days.
12.2 Binding Arbitration: If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
12.3 Class Action Waiver: YOU AND LUX AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and LUX AI agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
12.4 Opt-Out: You may opt out of this arbitration agreement by sending written notice to apputopiacy@gmail.com within 30 days of first accepting these Terms.
13.1 Termination by You: You may terminate your account at any time by deleting your account through the App settings or by contacting us. Note that deleting the App does not automatically cancel any active subscriptions.
13.2 Termination by Us: We reserve the right to suspend, disable, or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to:
13.3 Effect of Termination: Upon termination, your right to use the App will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.
The App may contain links to third-party websites, services, or applications that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.
If you downloaded the App from Apple's App Store, the following additional terms apply:
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where LUX AI operates, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and LUX AI agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by LUX AI.
These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the App, constitute the entire agreement between you and LUX AI regarding the use of the App, superseding any prior agreements between you and us relating to the App.
You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and assigns.
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, or power outages.
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:
Email: apputopiacy@gmail.com
We will make reasonable efforts to respond to your inquiries in a timely manner.