Terms of Service

1. Agreement to Terms

By accessing or using Luma Care ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (the "Client" or "you") and Luma Care, a service provider based in the Netherlands ("we," "us," or "our").

2. Description of Service

Luma Care provides conversational support software designed for beauty and aesthetic clinics. The Service enables automated communication with your clients through chat interfaces, including:

• Answering common client inquiries
• Providing information about treatments, pricing, and availability
• Collecting consultation booking requests
• Offering aftercare guidance and support

The Service is provided on a subscription basis and may be updated or modified from time to time.

3. Account Registration and Use

To use the Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years of age or the age of majority in your jurisdiction
• Operate a legitimate beauty or aesthetic clinic
• Comply with all applicable laws and regulations

You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized access or security breach.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

• Use the Service to provide medical diagnoses or medical advice
• Transmit harmful, offensive, or illegal content through the Service
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to send spam or unsolicited communications
• Violate any applicable data protection laws, including GDPR
• Reverse engineer, decompile, or attempt to extract the source code
• Resell or redistribute the Service without our written permission

5. Client Responsibilities

As a Client, you are responsible for:

• Ensuring your use of the Service complies with applicable laws and professional regulations
• Obtaining necessary consents from your clients for data collection and processing
• Providing accurate information to configure the Service for your clinic
• Monitoring communications generated by the Service
• Responding to urgent or complex client inquiries that require professional judgment
• Maintaining appropriate professional liability insurance

You acknowledge that the Service assists with communication but does not replace professional oversight and judgment.

6. No Medical Advice Disclaimer

You acknowledge and agree that:

• The Service does not replace professional medical judgment or consultation
• You remain solely responsible for all medical and clinical decisions
• Clients requiring medical advice must be directed to qualified practitioners
• Emergency situations must be handled through appropriate emergency services

7. Subscription and Payment

Access to the Service requires a paid subscription. By subscribing, you agree to:

• Pay all fees according to the pricing plan you selected
• Provide valid payment information and keep it current
• Authorize automatic recurring charges for subscription renewals
• Pay applicable taxes, including VAT where required

We reserve the right to modify pricing with 30 days' advance notice. Price changes will not affect your current billing cycle.

If payment fails, we may suspend or terminate your access to the Service after reasonable notice.

8. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by Luma Care and protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription period.

You retain ownership of all data you submit to the Service, including client communication content. You grant us a limited license to process this data solely to provide the Service.

9. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind, whether express or implied
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim

Nothing in these Terms excludes or limits our liability for fraud, gross negligence, or violations that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Luma Care, its affiliates, and their respective officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your professional services or medical decisions

11. Service Availability and Changes

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may:

• Perform scheduled maintenance with advance notice when possible
• Modify or discontinue features of the Service
• Update the Service to improve performance, security, or functionality
• Impose reasonable usage limits to ensure fair use

We will make reasonable efforts to notify you of material changes that significantly affect your use of the Service.

12. Termination

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial billing periods.

We may suspend or terminate your access immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security or legal risk

Upon termination, your right to use the Service ceases immediately. We will retain your data according to our Privacy Policy and legal obligations.

13. Data Protection and Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

You are responsible for complying with applicable data protection laws, including GDPR, in your use of the Service and your handling of client data.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.

For consumer clients within the EU, nothing in these Terms affects your statutory rights under applicable consumer protection laws.

15. General Provisions

Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.

Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.

Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Luma Care regarding the Service.

16. Changes to Terms

We may modify these Terms from time to time. Material changes will be communicated by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17. Contact Information

For questions about these Terms or the Service, please contact us: