These Terms of Service ("Terms") are a binding agreement between you ("you", "Customer") and LumiCodex, SIRET 981 087 513 00017, Annemasse, France ("we", "us"). They govern your access to and use of the LumiCodex platform, websites, APIs, admin application, embeds, and WordPress plugin (together, the "Service").
By creating an account, starting a trial, or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
For business customers (professionals), these Terms apply in full. For consumers within the meaning of French law, mandatory consumer-protection rights apply and prevail over any conflicting clause below.
1. Definitions
- Content: photographs, images, files, metadata, text, and other material you upload, publish, or process through the Service.
- Account: your LumiCodex account, including users and API keys.
- Plan: a paid subscription tier (Pro, Studio, or Corporate) and its limits.
- Trial: the 14-day free trial described in Section 4.
2. The Service
LumiCodex is a hosted platform for presenting high-resolution photography on the web, including full-resolution tiled viewing, color-managed AVIF/WebP delivery, gallery layouts, embeddable galleries, and a WordPress integration. We may add, change, or remove features. We aim to give reasonable notice of material adverse changes to paid features.
3. Accounts and eligibility
You must provide accurate registration information and keep your credentials secure. You are responsible for activity under your Account and for your users. You must be at least 18 years old (or the age of majority where you live) and able to enter into a binding contract. You may not use the Service if sanctions or export-control laws prohibit it.
4. Plans, trials, billing, and cancellation
4.1 Billing provider. Payments are processed by Stripe. By subscribing you also agree to Stripe's applicable terms. We do not store full card details.
4.2 Trial. Paid plans start with a 14-day free trial. A valid payment method is required up front. Unless you cancel before the trial ends, the subscription automatically converts to a paid plan and the payment method is charged. Trial accounts are subject to capped limits.
4.3 Subscriptions and renewal. Subscriptions are offered monthly or annually and renew automatically for the same period until cancelled. Prices are shown at checkout in the applicable currency.
4.4 Taxes. Prices are exclusive of VAT and other applicable taxes unless stated. LumiCodex does not currently charge VAT — see the Company section below.
4.5 Cancellation. You may cancel at any time from the billing portal. Cancellation takes effect at the end of the current paid period; you retain access until then. See the Refund & Cancellation Policy for details.
4.6 Consumer right of withdrawal. Where you are an EU or UK consumer, you have a 14-day right of withdrawal. By starting a trial or subscription, you expressly request that the Service begin immediately, before the end of the withdrawal period, and you acknowledge that you lose the right of withdrawal once the Service has been fully performed. Details, including proportionate payment if you withdraw after performance has begun, are in the Refund & Cancellation Policy and the withdrawal form.
4.7 Failed payment. If payment fails, we may suspend or restrict the Account after a grace period. Continued non-payment may lead to termination.
4.8 Corporate. Corporate plans are governed by a separate written agreement; where it conflicts with these Terms, that agreement prevails.
5. Your Content and ownership
You own your Content. We claim no ownership of it. Nothing in these Terms transfers any intellectual property in your Content to LumiCodex.
We do not sell your Content, and we do not use your Content to train artificial intelligence models. We use your Content only to operate and provide the Service to you, as described in Section 6.
You are responsible for your Content and for having all rights, consents, and releases needed to upload and publish it, including any rights of depicted persons and any third-party works.
6. License you grant to LumiCodex (to run the Service)
To provide the Service, you grant LumiCodex a worldwide, non-exclusive, royalty-free license to host, store, copy, cache, encode, transcode, resize, re-tile, color-manage, derive previews from, transmit, and display your Content, solely as necessary to operate, secure, deliver, and improve the Service for you and to provide the features you use. This includes the right to:
- process and transform your Content into delivery formats (e.g. AVIF/WebP) and tiled, multi-resolution representations;
- store and serve your Content through cloud infrastructure and content delivery networks — your Content may be stored, processed, and served from data centers and edge locations in multiple regions/countries (we use Amazon Web Services and CDN providers);
- make technical copies (backups, caches, replicas) for reliability and performance.
This license exists only to run the Service and ends when your Content is deleted or your Account is closed, subject to routine backup retention and legal obligations.
7. AI processing and content moderation
To operate the Service, protect users, and provide features, we may process your Content using automated and AI systems for purposes such as content moderation, detection of illegal or prohibited content, categorization, tagging, and quality/optimization tasks. These tasks may use third-party AI providers, including OpenAI and Google (Gemini). We select providers and configure processing so that your Content is not used by those providers to train their models, to the extent contractually available. Automated moderation may produce errors; we may combine it with human review.
8. Acceptable use and prohibited content
Use of the Service is subject to the Acceptable Use Policy, which is part of these Terms. You use the Service at your own risk and are responsible for your use and your Content.
9. Moderation, suspension, and reporting
We may review, restrict, remove, or disable access to Content or Accounts that we reasonably believe violate these Terms or the law, and we may report illegal content to competent authorities as required (including under the EU Digital Services Act). Where practicable, we provide notice and a means to contest actions, except where prohibited or where urgent action is needed.
10. LumiCodex intellectual property
The Service, software, design, components, documentation, and trademarks are owned by LumiCodex or its licensors. We grant you a limited, revocable, non-transferable right to use the Service per these Terms. You may not copy, modify, reverse engineer, or create derivative works of the Service except as allowed by law.
11. Third-party services
The Service relies on third parties (e.g. Stripe, AWS, CDN, AI providers, email/SMS). Your use may be subject to their terms, and we are not responsible for third-party services outside our control.
12. Privacy and data protection
Our handling of personal data is described in the Privacy Policy. We process personal data in accordance with the GDPR. Where we process personal data contained in your Content as your processor, the Data Processing Agreement is incorporated into these Terms and applies automatically.
13. Availability, changes, and beta features
We aim for high availability but do not guarantee uninterrupted or error-free service. We may perform maintenance and may modify or discontinue parts of the Service. Beta or preview features are provided "as is" and may change or be withdrawn.
14. Warranties and disclaimers
To the maximum extent permitted by law, and without limiting mandatory consumer guarantees under French/EU law, the Service is provided "as is" and "as available", and we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
15. Limitation of liability
To the maximum extent permitted by law, LumiCodex is not liable for indirect or consequential damages, loss of data, profits, or goodwill. Our aggregate liability arising out of or relating to the Service is limited to the amounts you paid to LumiCodex in the 12 months before the event giving rise to liability. Nothing limits liability that cannot be limited by law (e.g. death or personal injury caused by negligence, fraud, gross negligence, or mandatory consumer rights).
16. Indemnification
You agree to indemnify and hold LumiCodex harmless from third-party claims arising out of your Content or your breach of these Terms, to the extent permitted by law and subject to mandatory consumer protections.
17. Suspension and termination
We may suspend or terminate your access for material breach, non-payment, legal risk, or to protect the Service or others. You may terminate by closing your Account. On termination, paid access ends and, after any retention period, your Content may be deleted. You are responsible for exporting your Content before termination.
18. Data export and deletion
You can export your Content while your Account is active. After termination, Content and personal data are retained or deleted in line with the Privacy Policy and applicable law, subject to backup cycles and legal-hold obligations.
The Service is not a backup or archival service. You must keep your own original copies of your Content. To the maximum extent permitted by law, we are not liable for loss of Content, and your sole remedy for data loss is our reasonable efforts to restore from routine backups.
19. Changes to these Terms
We may update these Terms. For material changes affecting paid customers, we will give reasonable prior notice (e.g. by email or in-app). Continued use after the effective date constitutes acceptance, except where the law requires explicit consent.
20. Governing law and jurisdiction
These Terms are governed by French law. Subject to mandatory consumer rules (which may allow a consumer to bring proceedings in their place of residence and to rely on the law of their residence), disputes are subject to the jurisdiction of the competent courts of Annemasse, France. Consumers may also use the EU Online Dispute Resolution platform and the consumer mediation scheme described in the mentions légales.
21. Miscellaneous
If any provision is unenforceable, the rest remains in effect. These Terms, the Privacy Policy, the Acceptable Use Policy, the Refund & Cancellation Policy, and any Corporate agreement form the entire agreement. Our failure to enforce a provision is not a waiver.
Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including outages of third-party infrastructure, network failures, acts of government, natural disasters, war, or labor disputes.
Assignment. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, restructuring, or sale of assets, provided your rights are not materially reduced. You may not assign these Terms without our prior written consent.
22. Company
LumiCodex — SIRET 981 087 513 00017 — Annemasse (74100), France. Email: support [at] lumicodex [dot] com. See also the mentions légales.