Draft for owner and counsel review — not legal advice. Fill in or remove every [bracketed] item before publishing at https://lumipet.life/terms (the URL the app links to). Remove this note before publishing.
1. About these Terms
These Terms of Use ("Terms") are an agreement between you and [Company legal name], [Registered address] ("we", "us", "our"). They govern your use of the Lumi app and the online services behind it (together, "Lumi"). By using Lumi, you agree to these Terms and acknowledge our Privacy Policy (https://lumipet.life/privacy). If you don't agree, please don't use Lumi.
The app is licensed to you through Apple's App Store under Apple's Licensed Application End User License Agreement ("Apple EULA", https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). These Terms add to the Apple EULA. If the two conflict on the license to use the app, the Apple EULA prevails. [Owner: if you upload these Terms as a custom EULA in App Store Connect instead, section 13 already contains Apple's required minimum terms.]
2. Who can use Lumi
- You must be at least 13 years old to use Lumi.
- If you are under 18, or under the age of majority where you live, please review these Terms with a parent or guardian, who agrees to them on your behalf.
- You may not use Lumi if the law of your country prohibits it.
3. What Lumi is
Lumi is a virtual pet game. You can hatch and care for a small AI character, play mini-games, dress it up and talk with it by voice or text. Lumi answers in text, with a little babble made on your device. Some features work on your device without an internet connection, such as care, mini-games, the wardrobe and Repeat mode. Conversations with Lumi need an internet connection to our servers.
Conversations with Lumi are free up to a daily limit. Free users can see today's usage in Settings. Lumi+ (section 9) removes the everyday conversation limit. To keep the service working for everyone, Lumi+ is subject to a fair-use cap, currently 200 messages per day.
We may change, add or remove features, and change the limits, to improve Lumi or keep it running. If a change materially reduces what you've paid for, section 9.6 applies.
4. Lumi is an AI character
- Lumi is not a human. It is a fictional character whose replies are generated automatically by an AI model. The model, Google Gemma 4, is run for us by a third-party AI provider, WaveSpeed AI. Nobody writes or reviews the replies before you see them.
- Lumi can be wrong. Despite our safeguards, replies may be inaccurate, incomplete, nonsensical or inappropriate. A baby Lumi speaks in very short, simple phrases by design.
- Lumi is not professional advice. Lumi is not a doctor, therapist, counsellor, lawyer or financial adviser. Don't rely on it for medical, mental-health, legal, financial or safety decisions.
- Lumi is not for emergencies. If you or someone else is in danger, contact your local emergency number right away (for example, 112 in the EU and Russia, or 911 in the US). If you are thinking about harming yourself, please talk to someone you trust or call a helpline, such as 988 in the US or 8-800-2000-122 in Russia (a free helpline for children, teenagers and parents). If a message suggests self-harm, Lumi answers with a supportive message and helpline information instead of an AI-generated reply.
- Memories. Lumi remembers facts you share so that conversations feel personal. These memories are stored only on your device. You can delete them at any time, as described in the Privacy Policy.
5. Acceptable use
You agree not to:
- try to make Lumi produce harmful, illegal, sexual, hateful, violent or otherwise inappropriate content, including through "jailbreak" prompts, role-play tricks or attempts to get around its safety rules;
- use Lumi to harass, threaten or harm anyone, or to create content that exploits or endangers minors;
- send content you have no right to share, or other people's personal data without their permission;
- misuse the service, for example by automating requests, scraping, overloading or attacking our servers, getting around daily limits or rate limits, tampering with purchase verification, or reverse-engineering the app or the server API except where the law expressly allows it;
- send false or abusive reports;
- use Lumi for any commercial purpose, or resell access to it, without our written permission;
- use content generated by Lumi to impersonate a real person, to give medical advice, to discriminate against or harass anyone, or present it as made by a human.
We may block requests and suspend access to online features if we reasonably believe you have broken these rules (section 16).
6. Your content and reports
- You keep any rights you have in what you send to Lumi. You give us, and the service providers that work for us, such as our AI provider, a limited, worldwide, royalty-free permission to process your messages for as long as it takes to provide the service, for example to generate a reply. As our Privacy Policy explains, conversation content is not stored on our servers.
- When you report a reply, you allow us to store the reported reply, the message before it, the reason and any comment, and to use them to review and improve Lumi's safety and quality.
- Within the limits of the law and these Terms, you may use Lumi's replies for your own personal, non-commercial purposes. Because replies are generated automatically, similar replies may be given to other users, and we make no promise that any reply is unique or protected by intellectual property rights.
7. Our intellectual property
Lumi, including its character, artwork, animations, sounds, text, software and the name "Lumi" as used for this app, belongs to us or our licensors. Apart from the license to use the app described in section 1, these Terms do not give you any rights in it.
8. Virtual items
- Lumi uses virtual items such as stars, food and outfits. You earn stars by playing and caring for your pet, and you spend them in the app. You can also buy star packs with real money through the App Store. The price is shown before you buy. If Apple refunds a purchase, we remove what it gave you.
- Surprise box. For stars (currently 120), the Surprise box gives you one random thing. The odds are 70% common, 25% rare and 5% epic, and the box shows them before you buy. Every 5th box is guaranteed to be rare or better. The box only gives things you don't own yet and that your pet can use at its stage. It doesn't include Lumi+ or seasonal things. If a tier has nothing left for you, its odds go to the other tiers in proportion. If you already have everything, your stars are refunded. Our server decides the result.
- Virtual items have no monetary value. They are not your property, cannot be exchanged for money or anything of value, and cannot be transferred or sold, except as gifts to friends inside the app. You get a limited, personal, revocable license to use them in the app.
- Some outfits are exclusive to Lumi+ and can be used only while your subscription is active.
- Your pet lives on your device. Your stars and things are kept in your wallet on our server (see our Privacy Policy). On a new iPhone signed in to the same iCloud account, they come back through your wallet's restore key. "Start over with a new egg" keeps them for your new Lumi.
- If you erase your pet, delete the app or lose your device without a backup, your pet is lost. If you lose your wallet's restore key, for example because you lose your device and don't use iCloud, we may not be able to restore your stars and things. If your wallet is deleted at your request, your stars and things are lost, including ones bought with real money, and we cannot restore them.
- We may change how virtual items work, including prices in stars, rewards, the Surprise box's odds and availability. The box always shows the current odds before you buy.
9. Lumi+ subscription
9.1 What you get. Lumi+ currently includes no everyday conversation limit (fair use applies, see section 3), exclusive outfits and double stars in mini-games. The paywall in the app describes the current benefits before you buy.
9.2 Plans and billing. Lumi+ is offered as auto-renewing subscriptions, currently a monthly plan and a yearly plan, sold by Apple through the App Store. The price and billing period are shown in the app before you confirm the purchase. Prices may vary by country and include any applicable taxes as determined by Apple. Payment is charged to your Apple ID account when you confirm the purchase.
9.3 Free trial. The yearly plan may include a 7-day free trial for eligible users. Unless you cancel at least 24 hours before the trial ends, the paid subscription starts automatically and your Apple ID is charged. Any unused portion of a free trial is forfeited when you purchase a subscription.
9.4 Automatic renewal and cancellation. Your subscription renews automatically for the same period unless you turn off auto-renewal at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within the 24 hours before the current period ends. You can manage or cancel your subscription in your Apple ID settings (Settings → your name → Subscriptions) or from the app (Settings → Lumi+ → Manage subscription). Cancellation takes effect at the end of the current period, and you keep Lumi+ until then.
9.5 Refunds and price changes. Apple handles payments and refunds under its own terms and policies. You can request a refund from Apple at https://reportaproblem.apple.com. We cannot issue refunds for App Store purchases ourselves. Apple notifies you of price changes and, where required, asks for your consent.
9.6 Changes to Lumi+. We may change Lumi+ benefits. If we materially reduce them, we will tell you in advance, and you can cancel as described above. This does not affect any refund rights you have under Apple's policies or the law.
9.7 Other details. A subscription is linked to your Apple ID, not to your pet. Use "Restore purchases" to activate it again, for example after reinstalling. Erasing your data in the app or deleting the app does not cancel your subscription. [Confirm in App Store Connect: Lumi+ is not shared through Family Sharing.] Some App Store storefronts may not support purchases at all. If Lumi+ can't be bought in your country, the free version of Lumi stays available.
10. Privacy
Our Privacy Policy (https://lumipet.life/privacy) explains what data we process and why. In short, conversations are not stored on our servers. They go to our AI provider, WaveSpeed AI, only so that a reply can be generated. Lumi's memories about you stay on your device.
11. Availability
Lumi's online features depend on our servers, our AI provider, the internet and Apple's services. They may sometimes be unavailable, slow or interrupted, for example during maintenance or outages. We may stop offering Lumi or any of its features. If we discontinue Lumi+, we will give reasonable notice and stop renewals.
12. Disclaimers
To the extent permitted by law, Lumi is provided "as is" and "as available". We make no promises that it will be uninterrupted, error-free or suitable for any particular purpose, or that AI replies will be accurate, complete or appropriate. Some jurisdictions don't allow certain warranties to be excluded, so some of these exclusions may not apply to you. If you are a consumer, nothing in these Terms limits the rights you have under the mandatory consumer protection laws of the country where you live.
13. Apple-specific terms
The following applies to the app obtained from Apple's App Store:
- Acknowledgement. These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the app and its content.
- Scope of license. You get a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The app may also be accessed by other accounts associated with you through Family Sharing or volume purchasing, where available.
- Maintenance and support. We alone are responsible for providing maintenance and support for the app. Apple has no obligation to provide any maintenance or support services for the app.
- Warranty. We are responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent not disclaimed.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it. This includes product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
- Intellectual property claims. If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
- Developer name and address. Questions, complaints or claims about the app should be sent to: [Company legal name], [Registered address], [Contact email: [email protected]].
- Third-party terms. When you use the app, you must comply with any applicable third-party terms, such as your wireless data service agreement.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
14. Limitation of liability
To the extent permitted by law:
- we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, virtual items, goodwill or profits, arising from or related to Lumi or these Terms;
- we are not liable for decisions or actions you take based on AI replies;
- our total liability for all claims related to Lumi is limited to the greater of the amount you paid for Lumi+ in the 12 months before the claim arose and [amount, e.g., USD 50].
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by negligence, for fraud, or for gross negligence or intentional misconduct where the law doesn't allow it to be limited.
15. Indemnity
To the extent permitted by law, you agree to compensate us for reasonable claims, losses and costs (including reasonable legal fees) that arise from your breach of these Terms or misuse of Lumi. This section does not apply to consumers in countries where such terms are not allowed.
16. Suspension and termination
- You can stop using Lumi at any time. To remove your data, follow the steps in our Privacy Policy. Remember to cancel Lumi+ separately through Apple.
- We may suspend or end your access to Lumi's online features, including by blocking a device's access token, if you seriously or repeatedly break these Terms, if we must do so by law, or to protect users, third parties or the service. Where reasonable, we will tell you why.
- If we end your access without cause attributable to you while you have an active Lumi+ subscription, you can request a refund from Apple, and we will support that request [Owner/counsel: confirm the approach].
- Sections 4, 6, 7, 8, 12, 13, 14, 15, 18 and 19 continue to apply after termination.
17. Changes to these Terms
We may update these Terms, for example when Lumi changes or the law requires it. We will change the effective date above. If a change is significant, we will tell you in the app or on our website before it takes effect. If you keep using Lumi after a change takes effect, you accept the updated Terms. If you don't agree, stop using Lumi and cancel Lumi+.
18. Governing law and disputes
These Terms are governed by the laws of [Governing law/jurisdiction], and any disputes will be resolved by the courts of [Governing law/jurisdiction]. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and may bring proceedings in the courts there. Before starting proceedings, please contact us first so that we can try to resolve the issue informally.
19. General
If any part of these Terms is found unenforceable, the rest remains in effect. If we don't enforce a right, we have not waived it. You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition or sale of assets. These Terms, the Privacy Policy and the Apple EULA are the entire agreement between you and us about Lumi. If a translation of these Terms conflicts with the English version, [the English version / the version in the language of the country where you live] prevails [counsel to decide].
20. Contact
[Company legal name]
[Registered address]
[Contact email: [email protected]]