TERMS OF SERVICE (Luminel)
Last updated: 2025-01-16
These Terms of Service (“Terms”) govern your access to and use of Luminel, the website at luminel.ai, and related services, including our web platform, subscriptions, digital downloads (e.g., plugins), APIs, and integrations/plugins (including our Adobe Photoshop plugin) (collectively, the “Services”).
The Services are operated by Hunter & Prize GmbH (“Hunter & Prize”, “we”, “us”).
By creating an account, purchasing a digital product, subscribing, using an API key, or otherwise using the Services, you agree to these Terms.
0. DEFINITIONS
“Consumer” means a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
“Business Customer” means a natural or legal person or partnership acting in the exercise of their trade, business, or profession.
Where these Terms distinguish between Consumers and Business Customers, the relevant provision applies accordingly.
1. COMPANY DETAILS
2. ELIGIBILITY AND ACCOUNTS
2.1 Age: You must be at least 18 years old to use the Services.
2.2 Organization Use: If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes the organization.
2.3 Account Security: You are responsible for maintaining the confidentiality of your credentials and API keys and for all activity under your account. Notify us immediately of any unauthorized access.
3. THE SERVICES
3.1 Scope: Luminel provides AI-powered image generation and editing tools using multiple upstream AI models, accessible via web, API, and plugins.
3.2 Inputs and Outputs: You may submit text prompts, images, or other reference materials (“Inputs”). The Services generate results (“Outputs”).
3.3 No Guaranteed Results: AI systems are probabilistic. Outputs may be inaccurate, unexpected, distorted, or unusable. You are solely responsible for reviewing Outputs before any use (especially commercial use). We do not guarantee the quality, accuracy, suitability, or availability of any specific model or feature.
3.4 Model Availability; Changes: We do not guarantee the continued availability of any specific AI model, feature, parameter, or integration. Models may be modified, replaced, rate-limited, or discontinued due to technical progress, quality, safety, legal requirements, or decisions by upstream providers. We will use commercially reasonable efforts to maintain the overall functionality of the Services in substantially similar form, but the particular models available may change over time.
3.5 Not for High-Stakes Uses: The Services are not designed for, and must not be used for, high-stakes decisions or activities where errors could cause harm, including medical diagnosis/treatment decisions, emergency response, legal determinations, credit/insurance/employment/housing decisions, or biometric identification. You are solely responsible for ensuring your use is appropriate and lawful in your context.
4. THIRD-PARTY AI PROVIDERS
To generate Outputs, we transmit your Inputs (and strictly necessary parameters) to third-party AI providers (Sub-processors) as described in our Privacy Policy and Sub-processor List.
We are not responsible for the availability or specific behavior of third-party models. We may change providers or models to operate, improve, or secure the Services, or to comply with upstream requirements.
5. ACCEPTABLE USE
You may not use the Services to create, upload, or distribute content that is illegal, infringing, deceptive, or harmful.
Prohibited uses include (non-exhaustive):
- Sexual content involving minors (CSAM) or exploitation.
- Harassment, hate speech, threats, or incitement to violence.
- Fraud, phishing, or impersonation.
- Generating images of real people without necessary consent (especially private individuals).
- Infringing copyrighted works or trademarks.
- Bypassing safety measures, scraping, reverse engineering service controls, or interfering with service security.
- Attempting to circumvent rate limits or usage controls (including by rotating accounts/keys or using automation to evade controls).
5.1 Safety Checker & “Reduced Filtering”: For legitimate creative use cases (e.g., swimwear/fashion), we may offer a “Reduced Filtering” mode. Strict Prohibition: This mode must not be used to generate pornography, explicit sexual acts, or non-consensual sexual content. Violation of this rule may result in immediate account termination without refund (to the extent permitted by law).
5.2 Sensitive Data; Confidentiality: You will not submit Inputs that include (a) special categories of personal data, (b) sensitive identifiers (e.g., government IDs), (c) confidential information you are not authorized to disclose (including trade secrets), or (d) content subject to professional secrecy obligations (e.g., attorney/client, medical). You are responsible for ensuring you have all necessary rights and consents to submit Inputs.
6. INTELLECTUAL PROPERTY & LICENSES
6.1 Your Inputs: You retain all rights you have in your Inputs. You represent and warrant that you have all necessary rights and consents to submit Inputs.
6.2 Your Outputs: As between you and Hunter & Prize, you own the Outputs generated by the Services to the extent permitted by law and subject to any third-party rights in Inputs or other materials.
- Non-uniqueness: Outputs may be similar or identical to content generated for other users. We do not guarantee uniqueness or originality.
- No clearance guarantee: We do not represent or warrant that Outputs are non-infringing. You are responsible for reviewing Outputs and obtaining permissions where required, especially for commercial use.
6.3 License to Us: You grant Hunter & Prize a worldwide, non-exclusive, royalty-free license to host, reproduce, process, and transmit your Inputs and Outputs solely for the purpose of: (a) Providing and maintaining the Services (including transmitting data to AI Sub-processors); (b) Enforcing these Terms and preventing abuse; and (c) Complying with legal obligations.
6.4 Third-Party Terms: Certain models or integrations may be subject to additional third-party terms or usage restrictions. You agree to comply with such restrictions where they apply.
7. DIGITAL PRODUCTS (PLUGIN DOWNLOAD)
7.1 License (Single User; Two Devices): Upon purchase of a digital download (e.g., the Photoshop Plugin), we grant you a limited, non-exclusive, non-transferable license to install and use the plugin as a single named user on up to two devices owned or controlled by you. You may not share the plugin or allow multiple individuals to use the plugin under a single license.
7.2 Restrictions: You may not resell, redistribute, sublicense, decompile, reverse engineer, crack, or circumvent license/security controls in the plugin software, except to the extent such restriction is prohibited by applicable law.
7.3 Updates; Compatibility: We may provide updates (including security and compatibility updates) for the plugin. You are responsible for installing updates we make available. We do not guarantee that older versions will remain compatible with the Services, third-party platforms (e.g., Adobe), operating systems, or upstream AI providers, and we may require minimum versions for security, abuse prevention, or technical reasons. For Consumers: Mandatory statutory rights remain unaffected.
8. SUBSCRIPTIONS & CREDITS
8.1 Recurring Billing: Subscriptions renew automatically each month unless canceled.
8.2 Monthly Credits (Use-it-or-lose-it): Subscription credits are granted for the current billing month and expire at the end of that billing month. They do not roll over.
8.3 Add-on Credits: Additional credit packs (“Add-ons” or “Top-up credits”) are valid for 6 months from the date of purchase, after which they expire.
8.4 Usage Order: Monthly subscription credits are consumed first. Add-on credits are consumed only after subscription credits are exhausted.
8.5 Effect of Cancellation (Subscription): If you cancel your subscription, cancellation stops the next renewal charge. You retain access until the end of the current billing period. Any unused monthly subscription credits expire at the end of that billing month as described above. Any unused add-on credits remain available until their stated expiry date, unless your account is terminated for cause under Section 15.
8.6 No Monetary Value: Credits are a measure of usage within the Services and have no cash value, are non-transferable, and may not be resold.
9. PAYMENTS & CANCELLATION
9.1 Payment Processor: We use Stripe to process payments. Hunter & Prize GmbH is the seller of record.
9.2 Cancellation: You can cancel your subscription at any time via your account settings. Cancellation stops the next renewal charge. You retain access until the end of the current billing period.
10. REFUNDS & RIGHT OF WITHDRAWAL (Widerrufsrecht)
10.1 General: Except where required by law, payments are non-refundable. For Consumers: Your mandatory statutory rights (including rights relating to defects/non-conformity of digital products/services) remain unaffected.
10.2 EU/UK Consumers — Withdrawal; Immediate Performance: Where you are entitled to a statutory withdrawal right, we will (where required) ask you at checkout to (a) expressly request immediate performance and (b) acknowledge the legal consequences (including loss of the withdrawal right where applicable, or compensation for services already provided where applicable). If you do not provide this consent, we may delay delivery/performance until the withdrawal period ends.
11. API FAIR USE; RATE LIMITS
We may impose rate limits, concurrency limits, usage caps, or other fair-use restrictions to protect the Services, manage costs, prevent abuse, or comply with upstream provider requirements. You must not attempt to bypass these limits (including by creating multiple accounts, rotating keys, or otherwise circumventing controls). We may throttle, suspend, or terminate abusive usage in accordance with Section 15.
12. AVAILABILITY
We aim for high availability but do not guarantee 100% uptime. We may suspend Services for maintenance, safety, security, or due to upstream provider outages.
13. LIMITATION OF LIABILITY (Haftungsbeschränkung)
13.1 Unlimited Liability: We are liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), as well as for injury to life, body, or health, and under the Product Liability Act (Produkthaftungsgesetz).
13.2 Cardinal Duties: In cases of slight negligence (einfache Fahrlässigkeit), we are only liable for the breach of material contractual obligations (Cardinal Duties — duties whose fulfillment is essential for the proper execution of the contract and on whose observance you may rely). In such cases, our liability is limited to the typically foreseeable damage at the time the contract was concluded.
13.3 Further Liability: Any further liability is excluded to the extent permitted by applicable law.
13.4 Data Loss: You are responsible for backing up your Inputs and Outputs. We are not liable for loss of data to the extent permitted by law.
14. LIABILITY FOR USER CONTENT (CONSUMERS)
Nothing in these Terms limits a Consumer’s liability under applicable statutory law for culpable breaches (including unlawful use or submission of infringing Inputs). We do not require Consumers to provide a contractual indemnity beyond statutory liability.
15. INDEMNITY (BUSINESS CUSTOMERS ONLY)
15.1 Applicability: This Section 15 applies only to Business Customers.
15.2 Indemnity: You will indemnify and hold Hunter & Prize harmless from third-party claims, damages, liabilities, and reasonable costs (including legal fees) arising out of (a) your breach of these Terms, (b) your Inputs, or (c) your unlawful use of the Services, to the extent the claim was caused by your fault (intent or negligence) and we are not responsible for the cause of the claim.
15.3 Defense & Cooperation: We may assume control of the defense and settlement of any claim covered by this Section. You will provide reasonable cooperation.
16. SUSPENSION & TERMINATION
We may suspend or terminate access to the Services immediately if we reasonably believe: (a) you have not paid amounts due, (b) you have breached these Terms, (c) your use poses a security, legal, or abuse risk, or (d) we are required to do so by law or a court/government order.
Where practicable, we will provide notice and an opportunity to cure. We may also suspend access while we investigate suspected abuse.
Upon termination, your right to use the Services ends. If we suspend or terminate your account for cause (e.g., fraud, abuse, illegal activity, or material breach of these Terms), you may lose access to unused credits and we are not required to provide refunds, to the extent permitted by law.
Sections that by their nature should survive (including IP, liability, indemnity (Business Customers), and governing law) will survive termination.
17. FINAL PROVISIONS
17.1 Governing Law: These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a Consumer, mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.
17.2 Venue: If you are a merchant (Kaufmann), legal entity of public law, or special fund under public law, the exclusive place of jurisdiction is Düsseldorf, Germany.
17.3 Severability: If any provision of these Terms is found to be invalid, the remaining provisions remain in full force.