Last updated: Feb 19th, 2023
Before using the Application Services provided by Lumina Apps Co., Ltd. ("Lumina Apps," "us," "we"), visitors, users, and anyone else accessing or using them must carefully read these "Terms of Service" ("Terms"). The term "Application Services" (the "Services") refers to the websites, apps, software, programming interfaces, tools, features, and functionality that can be accessed or used through piccraft.app or the "PicCraft" app, or those marketed, advertised, or designated by Lumina Apps under the name "PicCraft”.
As a visitor, user, or other individual or entity accessing or using the Services (“user(s)” or “you”), your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of the Terms, then you may not access or use the Service.
If you use the Service on behalf of an entity then “you” includes you and that entity, and you represent and warrant that: (i) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (ii) you agree to these Terms on the entity’s behalf.
We have the right, at our sole discretion, to change or substitute these Terms at any time. If a change is significant, we will provide a notice before the new terms take effect. We will determine what constitutes a significant change at our sole discretion. By continuing to use or access the Service after any modifications come into effect, you agree to comply with the revised terms. In case you do not agree to the new terms, you are no longer permitted to use the Service.
Please review Lumina Apps’ Privacy Policy https://piccraft.app/privacy/ for more information on data obtained and used by Lumina Apps. Lumina Apps stores anonymized user inputs and metadata on generation times and the device type used to improve the Services and understand how users are using the Services. Inputs are not associated with or connected with the entering user. Lumina Apps also stores the email addresses of users creating an email login.
Lumina Apps and any applicable third-party developers or licensors exclusively own and will continue to own all intellectual property in the Services, which is protectable in any jurisdiction worldwide.
Users may only use Lumina Apps’ trademarks and trade dress in accordance with these Terms, and may not otherwise use Lumina Apps’ trademarks or trade dress in connection with any product or service without the prior written consent of Lumina Apps.
Users own all artworks created by users with assistance of the Service
, including all related copyrights and other intellectual property rights (if applicable). Users must, as individuals or in a group, contribute creative expression in conjunction with use of the Service, such as in creating or selecting prompts or user inputs to use with the tools offered by the Service. Users acknowledge that artworks generated without creative expression from the user may not be eligible for copyright protection.
Although users may demonstrate creativity, Lumina Apps cannot guarantee the originality, uniqueness, quality, availability, or extent of copyright protection for any artwork produced by users with the aid of the Service.
You hereby grant Lumina Apps a worldwide, non-exclusive , non-sublicensable, royalty-free license to copy, reproduce, and display artworks you create using the Service for promotional purposes on the Service.
Lumina Apps encourages users to provide feedback, comments, and suggestions for improving the Service ("Feedback"). By contributing Feedback, you acknowledge and agree that it does not provide you with any right, title, or interest in the Service or such Feedback. You also agree that Lumina Apps may use and disclose Feedback in any way and for any purpose without any obligation to provide notice or compensation to you, and without you retaining any proprietary or other right or claim. You assign to Lumina Apps all right, title, and interest in any intellectual property, including any patents, copyrights, trade secrets, trademarks, or know-how that may exist in the Feedback. You must not provide any Feedback that infringes or violates the intellectual property or other rights of third parties.
You are granted a personal, limited, non-exclusive, non-transferable, and non-sublicensable license by Lumina Apps to access and use the Service, subject to your compliance with these Terms. The license will be nullified if you violate these Terms. The following "Prohibited Uses" are not permitted, and violation of any of them is a violation of these Terms, and Lumina Apps will revoke all licenses of users who engage in Prohibited Uses or otherwise violate the Terms.
(i) Users are strictly prohibited from accessing or using the Service in any way or for any purpose that intentionally or unintentionally infringes, misappropriates, or violates any intellectual property or other rights of any individual or entity, or violates any applicable laws.
(ii) Users are prohibited from using the Service to copy, modify, or create derivative works of the Service or its associated software or code, or to reverse engineer, disassemble, decompile, decode, adapt, or attempt to uncover source code or bypass or circumvent any measures implemented to restrict or limit access to the Service, or otherwise attempt to derive or gain access to any software component of the Service, including those belonging to third parties.
(iii) Users shall not use the Service from a country sanctioned by the government of the United States, or use the service to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries. The Service may be subject to U.S. export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. The user shall not, and shall not permit any third parties to, directly or indirectly, export, reexport, or release any components of the Service to any jurisdiction or country to which, or any party to whom, the export, reexport, or release of the Technology is prohibited by applicable federal law, regulation, or rule. The user shall comply with all applicable federal laws, regulations, and rules.
(iv) Users must not utilize the Service in a manner that could disrupt, interfere with, negatively affect, or impede other users from fully enjoying the Service.
However, Lumina Apps reserves the right to, at its sole discretion, revoke a user's access to or use of the Service at any time, or to discontinue the Service entirely, despite the preceding statements.
As a condition of accessing or using the Service, including using artistic tools or NFT-generation software, you must agree to appropriately credit or attribute Lumina Apps for any artwork generated with the Service in a reasonable manner, while refraining from implying any endorsement by the licensor of you or your usage.
It is the sole responsibility of users to ensure the safety and management of keys associated with blockchain addresses, smart wallet addresses, and transactions occurring between third parties, such as sales of minted NFTs on other platforms or with other individuals. Lumina Apps will not be held liable for any lost artwork or NFTs resulting from the loss of private keys and will not be able to restore them.
User recognizes that cryptographic and blockchain technologies, such as the Ethereum blockchain, NFTs, cryptocurrencies, and smart contracts, are new, untested, and speculative. Therefore, there is considerable ambiguity concerning their operation, effects, and potential risks, as well as their application to existing laws. The user also acknowledges that once smart contracts are deployed to a blockchain or smart wallet address, Lumina Apps is unable to alter their code.
The user acknowledges that the prices and values of assets such as ETH and NFTs, which are denominated in fiat currencies and traded in public markets, have historically been prone to dramatic fluctuations and are highly volatile. Additionally, the user understands and agrees that the costs and transaction speeds associated with cryptographic and blockchain-based systems like Ethereum can be variable and may experience sudden and significant increases or decreases, which may result in prolonged periods of time during which the user is unable to access or use any ETH or NFTs.
The use of blockchain technologies, NFTs, cryptocurrencies, smart contracts, and digital assets are associated with various legal and regulatory uncertainties. It is possible that the access to or use of NFTs or the Service could be negatively affected by regulatory or legal changes, actions, lawsuits, investigations, claims, fines, or judgments. These circumstances could limit or impede the ability of users to continue using and enjoying such assets and technologies.
If you suspect that your content is being infringed upon through the use of the Service, please contact Lumina Apps by submitting a claim to tim@luminaapps.co.
The Service provided by Lumina Apps may contain links to third-party websites, products, or services that are not owned or controlled by Lumina Apps, and your use of or access to the Service may require using, accessing, or interacting with third-party websites, products, or services.
Lumina Apps has no control over and assumes no responsibility for the content, privacy policies, terms of service or use, or practices of any third-party websites or services. Lumina Apps makes no warranties regarding the offerings of any third party entities or individuals, or their websites.
By using the Service, you acknowledge and agree that Lumina Apps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. You may have to pay, subscribe, or incur fees in connection with third-party offerings.
Lumina Apps has no control over and cannot provide refunds for payments, subscriptions, or fees incurred through third-party offerings, including fees through smart wallet addresses or gas fees for use of blockchain technologies. Lumina Apps does not operate, maintain, or have custody or control over other applications, platforms, or marketplaces, and Lumina Apps has no ability to undo, reverse, or restore any transactions occurring through other applications, platforms, or marketplaces. Lumina Apps is not a party to any agreements between you and third parties.
We strongly advise that you read the terms of service or use and privacy policies of any third-party websites or services that you visit, use, access, or interact with in relation to your use of the Services.
By accepting these Terms, you agree to protect, defend, indemnify, and hold harmless Lumina Apps, its licensees, and licensors, as well as their employees, contractors, agents, officers, and directors, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees), arising from or related to: (i) your use of the Service and access to it, whether by yourself or by anyone using your account and password; or (ii) any breach of these Terms by you.
Lumina Apps shall not be held liable for any losses incurred by users as a result of their access to or use of the Service, including losses related to intellectual property infringement. Notwithstanding the foregoing, in no event shall the maximum aggregate liability of Lumina Apps for damages exceed the total fees received from each user, such as Minting Fees.
Lumina Apps, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) Your access to or use of or inability to access or use the Service; (ii) Any conduct or content of any third party; (iii) Use of any content obtained from or generated in whole or in part by the Service; (iv) Unauthorized access, use, or alteration of your transmissions or content;
These limitations of liability apply whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Lumina Apps has been informed of the possibility of such damage. Even if a remedy set forth herein is found to have failed of its essential purpose, Lumina Apps, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any damages.
The Service, as well as any associated open-source components, are provided on an "as is" basis, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall the authors or copyright holders be liable for any claims, damages, or other liabilities, whether in an action of contract, tort, or otherwise, arising from or in connection with the Service or the use or other dealings with the Service.
Lumina Apps explicitly denies any warranties arising from the course of dealings, usage, or trade practice. Lumina Apps does not guarantee that the Service, or any products or outcomes of using it, will fulfill the requirements of users or any other persons, operate without interruption, be available at any time or location, achieve any desired results, be compatible with any software, system, or other services, or be secure, accurate, complete, free of harmful code, or error-free. Lumina Apps does not guarantee or represent that the Service does not infringe on the intellectual property rights of others, that the Service will not accidentally infringe on the intellectual property rights of others, or that the artworks created by users with the help of the Service will be eligible for copyright protection. Lumina Apps cannot ensure the security of any data that users disclose online. Any advice or information, whether verbal or obtained from the Service, will not create any warranty or representation not explicitly stated herein. By using the Service, you acknowledge and accept the inherent security risks of providing information and engaging in online transactions over the internet, and you will not hold Lumina Apps responsible for any security breaches.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for some types of damages. To that end, the exclusions of warranties and the limitations of liability are to the fullest extent permitted by law.
These terms and conditions apply to users who are using the Service from the Apple App Store. If any of the other terms and conditions of these Terms are less restrictive than, or conflict with, the terms and conditions in this paragraph, the more restrictive or conflicting terms and conditions in this paragraph will apply, but only with respect to the user's use of the Service from the Apple App Store.
The user acknowledges and agrees that these Terms are solely between them and Lumina Apps and that Apple has no responsibility for the Service or its content. The user's use of the Service must comply with the Apple App Store's applicable terms of use. The user also acknowledges that Apple has no obligation to provide any maintenance or support services for the Service.
If the Service fails to conform to any applicable warranty, the user may notify Apple, and Apple may refund the purchase price for the Service, if any. However, to the maximum extent permitted by applicable law, Apple will have no other warranty or obligation with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses arising from any failure to conform to any warranty will be governed solely by these Terms.
The user acknowledges that Apple is not responsible for addressing any claims relating to the Service or their possession and use of the Service, including product liability claims, claims that the Service fails to comply with legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Service or the user's possession and use of the Service infringes any third party's intellectual property rights, Lumina Apps, not Apple, will be solely responsible for investigating, defending, settling, and discharging any such intellectual property infringement claim to the extent required by these Terms.
The user acknowledges and agrees that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the user's use of the App, and that, upon the user's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the user as a third-party beneficiary thereof.
Lumina Apps has the exclusive right to alter, pause, or permanently terminate the Service or any part of it, at any time and without incurring any liability. Lumina Apps may also, at its sole discretion, periodically create and issue updates to the Service, such as error corrections, new features, patches, bug fixes, and other improvements (collectively, including any related documentation, referred to as "Updates"). These Updates may alter or remove particular features and functionality of the Service entirely. Users accept that Lumina Apps is not obliged to supply any Updates or maintain specific features or functionality. Customers recognize that Updates may affect Service performance and user experience.
Any dispute, controversy, difference or claim arising out of, relating to, or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association's arbitration rules. The Seat of arbitration shall be Taipei, Taiwan. The language of arbitration shall be in Chinese. The arbitral award shall be final and binding upon both parties.
The laws of Taiwan shall govern and interpret these Terms without considering its conflict of law provisions. If any dispute between the user and Lumina Apps is not subject to arbitration, it shall be resolved in the courts of Taipei, Taiwan.
All disputes and claims subject to this arbitration agreement must be resolved individually, and cannot be resolved as a representative or class action. Users may only seek individual relief, and claims involving more than one user, person, or entity may not be consolidated or arbitrated together with any other user, person, or entity.
Lumina Apps retains the right to enforce any provision of these Terms at any time, and failing to do so will not be considered a waiver of such rights. In the event that any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions of these Terms will remain in full force and effect. These Terms represent the complete and exclusive understanding between you and Lumina Apps regarding the Service, and they replace and supersede all prior agreements that may have existed between you and Lumina Apps concerning the Service.