Terms of Use
Last update: April 20th, 2025
1. Acceptance of the Terms of Use
1.1. Agreement
This is an agreement between Lumica Inc. ("Lumica"), owner and operator of the mobile application available at www.lumica.photo and on the Apple App Store and Google Play application markets (the "Platform"), and you ("you"), a user of the Platform ("User").
1.2. Services
By using the Platform, including the services offered on the Platform (the "Services"), you acknowledge and agree to these terms of use (the "Terms of Use") and the Lumica Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, please stop using the Platform and Services immediately.
1.3. Availability
The Platform is available only to users who are at least sixteen (16) years of age and who can legally enter into binding contracts under applicable laws. By using or accessing the Platform, you represent and warrant that you are at least sixteen (16) years old. If you are not at least sixteen (16) years old, you must not use or access the Platform.
1.4. Age Verification and Responsibility
Age Verification and Responsibility. You acknowledge and agree that it is your responsibility to provide accurate and truthful information regarding your age when creating an account or using the Platform. Lumica is not responsible for verifying the age of its users beyond the information provided during the registration process. If you provide false information about your age, Lumica reserves the right to terminate your account immediately.
2. Modification of the Terms of Use
2.1. Right to modify the Terms of Use
Lumica reserves the right, in its sole discretion, to modify the Terms of Use ("Amended Terms of Use") from time to time to comply with changes in applicable laws and regulations.
2.2. Notice of Amended Terms of Use
Lumica will provide at least thirty (30) days' notice before the Amended Terms of Use come into effect. Lumica will give you notice of the Amended Terms of Use by posting the Amended Terms of Use on the Platform and by sending an email to the email address associated with your Lumica account.
2.3. Acceptance of the Amended Terms of Use
Your continued use of the Platform after the effective date of the Amended Terms of Use constitutes your acceptance of the Amended Terms of Use. You should review these Terms of Use and any Amended Terms of Use before using the Platform.
2.4. Effective date of the Amended Terms of Use
The Amended Terms of Use will become effective upon the expiration of the notice period provided in Section 2.2 and will apply to your use of the Platform from that time.
2.5. We may update these Terms of Use from time to time
If we make material changes, we will notify you via email or through a notice on our Platform prior to the change becoming effective.
2.6. Continued Use
Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the new Terms of Use.
3. Use of the Platform
3.1. Features
The Platform allows you to purchase virtual film rolls in order to automatically upload digital files (for example, photos, images or montages) without being able to view them. When the limit of files to be uploaded is reached, Lumica will send you a hard copy of the files provided.
3.2. Access and use
During the term of this agreement, Lumica grants you a limited, non-exclusive and non-transferable right to access and use the Services for lawful purposes in accordance with the Terms of Use ("Authorized Purposes").
3.3. Rules of conduct
You may not take part in the following prohibited activities:
[List of prohibited activities remains unchanged]
3.4. Investigations and prosecutions
Lumica shall have the right to investigate and prosecute any violation of the Terms of Use to the fullest extent permitted by law. You acknowledge that Lumica has no obligation to review the Content (as defined below) or to monitor your access to or use of the Platform, but has the right to do so, in order to ensure compliance with the Terms of Use, applicable laws, court orders, government requirements, or other requirements. In the event of a violation of the Terms of Use, Lumica reserves the right, at any time and without prior notice, to remove your Content and disable your access to the Platform.
3.5. Data encryption
You agree that your data (excluding credit card information) may be transferred unencrypted and may involve transmissions over different networks, as well as modifications to conform and adapt to technical requirements of connecting networks or devices. Lumica utilizes industry-standard encryption protocols to protect sensitive information during transmission and storage.
4. Data Protection and Privacy
4.1. Privacy Policy
Our collection and use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms of Use. Please review our Privacy Policy carefully.
4.2. GDPR Compliance
If you are a resident of the European Economic Area (EEA), the following provisions apply:
A) Legal Basis for Processing
We process your personal data on the following legal bases: consent, contract performance, legal obligations, and legitimate interests. For more details, please refer to our Privacy Policy.
B) Data Subject Rights
You have the right to:
Access your personal data
Rectify inaccurate personal data
Erase your personal data ('right to be forgotten')
Restrict processing of your personal data
Data portability
Object to processing based on legitimate interests
Withdraw consent at any time
Lodge a complaint with a supervisory authority
To exercise these rights, please contact our Data Protection Officer at dpo@lumica.photo
C) Data Retention
We retain your personal data for as long as necessary to provide our services and as required by law. For specific retention periods, please refer to our Privacy Policy.
D) International Transfers
Your data may be transferred to and processed in countries outside the EEA. We ensure appropriate safeguards are in place for such transfers.
4.3. COPPA Compliance
Our services are not directed to children under 16. If we learn that we have collected personal information from a child under 16, we will take steps to delete that information as quickly as possible. If you believe we might have any information from or about a child under 16, please contact us at privacy@lumica.photo
5. Age Restrictions
5.1. Minimum Age
You must be at least 16 years old to use our services. By using the Platform, you represent and warrant that you are at least 16 years of age.
5.2. Verifying Age
We reserve the right to request proof of age at any point to verify that minors are not using our service. If we discover that a person under 16 is using our service, we will immediately terminate their account and delete their personal information from our records.
6. Payment
6.1. Purchase of products
In order to purchase a Service from the Platform, you will need to provide Lumica with payment method information. You must ensure that all the information you provide is accurate and up to date, failing which we reserve the right not to proceed with your purchase at our sole discretion. Lumica reserves the right, in its sole and absolute discretion, to change the authorized methods of payment at any time, including, without limitation, bank account payment options and/or other acceptable payment methods.
Lumica uses third-party vendors ("Third Parties"), including Stripe, to process your payment. Payment processing will be subject to the terms of use and privacy policies of those Third Parties. In other words, in order to use our Services, you will need to agree to be bound by the terms of use of such Third Parties.
6.2. Payment and taxes
Lumica will invoice you and require full payment before granting you access to the Services to upload your files. Prices will be displayed and charged in your local currency, based on your location or the billing address provided. Applicable taxes, including VAT, GST, or sales tax, will be added based on local regulations. Lumica reserves the right to adjust prices according to currency exchange rates and tax changes at the time of payment. You are responsible for any additional charges, such as currency conversion or foreign transaction fees, imposed by your payment provider. For international purchases, currency amounts may vary based on exchange rates at the time of the transaction.
6.3. Delivery of products
Lumica will send the products ordered to the address provided on the Platform; there will be no discount on the price due to the conditions of this delivery.
6.4. Risks
All risks of loss, damage and breakage relating to the products shipped will be automatically transferred to you upon transfer of the products shipped to the carrier. Lumica will not be responsible for claims and will not incur any liability for any loss, damage, breakage or delay from the time of transfer of the shipped products to the carrier.
7. Conditions of Refund and Exchange
7.1. Refund
No refunds are offered by Lumica on Services or products obtained. All sales are final, except in cases of defective products or services.
7.2. Exchange
Lumica reserves the right, at its discretion, to offer you an exchange of a defective product at no charge for a new copy of the same product. It will be necessary to contact Lumica through the Platform in order to obtain Lumica's approval and the terms and conditions for this exchange.
8. Products and Services
8.1. Changes to Services and prices
The prices of our Services are subject to change without notice. Lumica reserves the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. Lumica shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8.2. Limitations and interruptions
Lumica reserves the right, but not the obligation, to limit sales of its products or Services to any person, geographic area or jurisdiction. Lumica may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services offered by Lumica. All product descriptions or product prices are subject to change at any time without notice, at Lumica's sole discretion. Lumica reserves the right to discontinue the sale of any product at any time. Lumica may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same customer account, credit card, or orders using the same billing or shipping address.
8.3. Warranty
Lumica does not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. You understand that the products provided as part of the Service will reproduce the files that you uploaded.
9. Intellectual Property
9.1. Trademarks
All trademarks (including words, phrases and logos) used by Lumica to distinguish, or so as to distinguish, its own products or services from those of others are the property of Lumica. Lumica trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Lumica.
9.2. Copyright
All original works reproduced or published on the Platform are protected by copyright. The owner of the copyright in each work reserves all rights thereto. You acknowledge that it is an infringement for any person to do, without the consent of the copyright owner, any act that, under applicable law, only the copyright owner has the right to do.
9.3. Other rights
The Platform, or any part thereof, may be protected by industrial designs or patents. Lumica reserves all rights in the Platform not expressly granted. You agree not to use, copy or distribute any content on the Platform other than as authorized.
9.4. Feedback
Lumica is free to use, take advantage of, disclose, publish, withhold or otherwise exploit any comments, suggestions or other ideas for improving or modifying in any way the Platform or any other product or service that uses a trademark owned by Lumica ("Feedback") without compensation or attribution to you or any other person from whom such Feedback originated.
10. User Content
10.1. Ownership of Content
You retain ownership of any image, text, graphics, photos, information or other material ("Content") that you upload to the Platform.
10.2. Content License
By submitting Content to the Platform, you grant Lumica a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, assignable and transferable license to do anything you would otherwise be entitled to do under applicable law to perform the Platform Services, including the right to authorize anything in respect of the Content, whether for commercial or non-commercial purposes, subject to Lumica's Privacy Policy.
10.3. Responsibility for the Content
You hereby agree and accept that you are solely responsible for any Content that you submit to the Platform. You acknowledge and agree that Lumica will not review the Content you upload. Without creating any obligation whatsoever for Lumica, at all times when you submit Content, you agree not to upload any file that may be considered, at Lumica's sole discretion, to be (i) illegal, (ii) abusive, defamatory, hateful, racist, xenophobic, homophobic, or sexist (or otherwise discriminatory), (iii) vulgar, obscene, or malicious, and (iv) disclosing personal or confidential information of others without their consent. Accordingly, you represent and warrant that (i) you are either the sole and exclusive owner of the Content submitted to the Platform, or that you have all rights, licenses, permissions, consents, and releases to grant Lumica rights in such Content, and (ii) neither the Content nor your publication, transmission or submission of Content, nor Lumica's use of your Content violates or will violate the rights of any third party, including intellectual property rights and publicity rights, or any Canadian or foreign law or regulation.
10.4. Age
By using the Platform, you confirm that you are at least sixteen (16) years of age. The Platform is not intended for or directed towards children under 16. If Lumica becomes aware that it has inadvertently collected personal information from a user under the age of 16, it will take steps to delete such information as soon as possible.
10.5. Content provided by third parties
Through the Platform, you may use and/or have access to Content provided by third parties. Lumica cannot guarantee that this Content will be free of any material or information that you may find objectionable. Lumica disclaims all liability related to your access to or use of Content provided by third parties.
11. Hyperlinks
The Platform may contain hyperlinks to external websites, which will cause you to leave the Platform (the "External Sites"). You acknowledge and agree that Lumica is not responsible for the availability of these External Sites, nor for the accuracy of the Content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by Lumica of such External Sites. You agree to assume all risks arising from your use of the External Sites. By using the Platform, you expressly release Lumica from any and all liability arising from your use of any External Sites.
These sections cover payment, refunds and exchanges, products and services, intellectual property, user content, and hyperlinks. They remained largely unchanged in the updated version of the Terms of Use, except for some minor adjustments to reflect the new age restriction of 16 years old.
12. Electronic Communications
When you provide Lumica with your email address through the Platform, you expressly consent to Lumica retaining your email address in its databases or using your e-mail address in its mailing lists in order to communicate with you for the purposes outlined in our Privacy Policy.
You can opt-out of receiving marketing communications at any time by following the unsubscribe instructions provided in the email or by contacting us at privacy@lumica.photo
13. Your Account
13.1. Creating an account
In order to use the Platform's features, each User must register for the Platform by creating an account. The opening of an account is free of charge. When creating a User account, you agree to provide Lumica with true and complete information about yourself as required by the registration process, and to update it as necessary to ensure that it is accurate at all times. You must also choose a unique and secure password. In the event of a violation of this paragraph 13.1, Lumica may terminate your right to use the Platform at its sole discretion.
13.2. Responsibility for your account
You are entirely responsible for ensuring and maintaining the confidentiality of your password and username. In addition, you are entirely responsible for any and all activity that occurs under your account. You agree to immediately notify Lumica of any unauthorized activity that occurs under your account or any other breach of security.
13.3. Account security
Lumica takes reasonable measures to protect the security of your account and the personal information associated with it. However, Lumica cannot guarantee that unauthorized third parties will never be able to circumvent the Platform's security measures or that they will not unlawfully use personally identifiable information (Personal Information) on the Platform that you have provided to us. You acknowledge that you provide your Personal Information at your own risk.
13.4. Liability for misuse of the account
Lumica shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred by you as a result of someone else using, with or without your consent, your password or username, or your account. You also may be liable for losses incurred by Lumica or another party due to someone else using your account, username, or password.
13.5. Use of other accounts
You may not use another person's account at any time without their express authorization.
13.6. Closing the account
Lumica reserves the right to delete any account that is inactive for a period of at least one (1) year, as well as any data associated with such account. However, no data will be deleted without prior notice to the account holder.
13.7. Interruption of the account
You may suspend or terminate your account on the Platform for any reason, at your sole discretion and without notice, without liability to Lumica.
14. Governing Law and Dispute Resolution
14.1. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Québec, Canada, without regard to its conflict of law provisions.
14.2. Dispute Resolution
Any dispute arising out of or relating to these Terms of Use shall first be attempted to be resolved through friendly negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to mediation in accordance with the mediation rules of the Québec Bar. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in Québec City, Canada.