LumiUP Terms of Service

Effective Date: September 6, 2025

Welcome to LumiUP (the “App” or the “Service”). These Terms of Service (the “Terms”) are a legally binding agreement between Wilpuzzle Inc. (“we,” “us,” or “our”) and you (“you” or the “user”). By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the App.

1. Eligibility

The App is intended for users aged 13 and above. If you are under 13, do not use the App.

If the law in your place of residence requires a higher minimum age (e.g., 16), you must comply with that requirement.

You represent and warrant that you have full legal capacity to enter into these Terms. If you use the App on behalf of an entity, you represent that you are duly authorized to do so.

2. Account and Sign-In

You may create an account via Sign in with Apple, Sign in with Google, or email verification. Email sign-in requires successful verification; only valid email addresses may be used to register and use the App.

You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. If you suspect unauthorized use, contact us immediately.

We may suspend or terminate an account where reasonably necessary (e.g., violations of these Terms, security risks, or suspected unlawful activity).

You may request account deletion at any time; we will handle your data in accordance with our Privacy Policy.

3. Subscriptions, Payments, and Refunds (Apple IAP)

Paid features (including subscriptions) are processed through Apple In-App Purchase (IAP). All payments are handled by Apple; we do not store your payment card details.

Subscriptions may be auto-renewing. Unless canceled before the renewal date, the current price will be charged automatically for the next term.

You can manage or cancel a subscription via your App Store account settings; cancellation takes effect at the end of the current billing period.

If prices change, we will provide reasonable notice in the App or via Apple; changes take effect in the next billing period.

Refunds are subject to App Store policies (handled by Apple). If you violate these Terms or misuse the Service, we may restrict or refuse benefits.

4. Services and Changes

LumiUP offers features including but not limited to daily motivation, inspiration, wish features, and posting/interactions on the starry-sky page.

We may update, optimize, add, or remove features and may temporarily or permanently adjust availability of the Service or any part of it.

For material changes, we may notify you in the App or by other reasonable means. Your continued use constitutes acceptance of such changes.

5. User-Generated Content (UGC) and Conduct

5.1 Ownership and License

You retain ownership of the text, images, and other materials you post within the Service (collectively, “UGC”).

To operate and improve the Service, you grant us a worldwide, royalty-free, sublicensable, non-exclusive license to store, host, cache, display, transcode, back up, transmit, and otherwise use your UGC solely in connection with the Service.

You represent and warrant that you have the necessary rights to the UGC you post and that your UGC does not infringe any third party’s intellectual property, privacy, or other rights.

5.2 Prohibited Conduct (including but not limited to)

You must not post, transmit, or engage in:

Illegal, infringing, false, or misleading content;

Content involving minors inappropriately, sexually suggestive or pornographic material, graphic violence, hate speech, harassment, or personal attacks;

Content that infringes privacy or security (e.g., others’ sensitive personal data, precise home addresses, ID numbers);

Spam, fraud, malicious links or software, bot-driven manipulation, or automated interference with the Service;

Impersonation, or use of others’ names/trademarks/copyrighted works without permission;

Circumventing or compromising security, reverse engineering, scraping or bulk crawling without authorization;

Any other unlawful or inappropriate activity.

5.3 Moderation and Enforcement

We may (but are not obligated to) review, hide, delist, remove, or delete UGC and may restrict, suspend, or terminate accounts that violate these Terms; where necessary, we may preserve evidence and cooperate with authorities.

We may take such actions without prior notice where reasonably required for legal compliance, user safety, or platform integrity.

To report unlawful or infringing content, contact support@wilpuzzle.com. For copyright disputes, include proof of rights and a takedown request; we will review and act as required by law.

6. License and Use Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

Without our written permission, you must not copy, modify, redistribute, sell, or rent the App; reverse engineer or attempt to derive source code; remove or alter rights notices; or use automated means to extract or disrupt the Service at scale.

All intellectual property in the App and its content belongs to us or our licensors.

7. Privacy and Data Protection

Our collection, use, and protection of personal information are governed by our Privacy Policy. Please refer to the current LumiUP Privacy Policy.

In case of any inconsistency between these Terms and the Privacy Policy regarding personal information processing, the Privacy Policy controls.

8. Disclaimers (Entertainment and Health/Safety)

The daily motivation, inspiration, and related content are intended to enhance mood and self-motivation and do not constitute medical, psychological, legal, or financial advice.

You are solely responsible for decisions and actions taken based on the App’s content. If you have health, psychological, or other professional concerns, consult qualified professionals.

To the maximum extent permitted by law, the App is provided “as is” and “as available,” without warranties of uninterrupted, real-time, error-free, or flawless operation.

9. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of or inability to use the App (including lost profits, data loss, business interruption, or reputational harm).

Our aggregate liability to you shall not exceed the fees you actually paid to us for the App, if any, during the 12 months preceding the event giving rise to liability (or USD 0 if no fees were paid).

Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law (e.g., personal injury caused by willful misconduct or gross negligence).

10. Indemnification

If any third party brings claims, actions, or regulatory demands arising from your violation of these Terms or infringement of others’ rights, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless us and our affiliates, directors, employees, and partners from reasonable losses (including reasonable attorneys’ fees and costs).

11. Third-Party Services and Links

The App may include or rely on third-party services (e.g., Apple IAP, Firebase). Such services are operated by their respective providers and governed by their own terms and policies.

We make no warranties as to the availability, accuracy, or security of third-party services or external links; you use them at your own risk.

12. Termination and Effect

You may stop using the App or request account deletion at any time.

We may immediately terminate or restrict the Service if you seriously or repeatedly violate these Terms, harm other users, threaten platform security, or breach applicable laws.

Upon termination, provisions that by their nature should survive (e.g., limitations of liability, indemnification, intellectual property, governing law and dispute resolution) shall continue in effect.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Québec and the laws of Canada, without regard to conflict-of-law rules.

Any disputes shall, to the extent permitted by law, be resolved by courts of competent jurisdiction.

If you are a protected consumer, mandatory consumer-protection rules under applicable law are not limited by these Terms.

14. Notices and Contact

We may provide notices related to these Terms via in-App messages, on-site announcements, or the email associated with your account.

15. Changes to These Terms

We may update these Terms from time to time. The latest version will be posted on this page with the updated effective date. For material changes, we may notify you in the App or by other appropriate means. Your continued use after an update constitutes acceptance of the revised Terms.

16. Platform-Specific Terms (iOS)

If you use the App on iOS, your use is also subject to Apple’s Standard End User License Agreement (Standard EULA) and related platform policies.

Apple has no obligation to provide maintenance or support for the App; we provide support. To the extent permitted by law, Apple is not a party responsible for warranties or liabilities under these Terms.

17. Miscellaneous

Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement: These Terms together with the Privacy Policy constitute the entire agreement between you and us regarding the App, superseding any prior oral or written understandings.

Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may assign or undergo a change of control in compliance with law.

No Waiver: Our failure or delay to exercise any right shall not constitute a waiver of that right.