These Terms govern your use of Lumiinus (made by Lumiinus Corporation (“Lumiinus,” “we,” “us,” or “our”)) — our website (https://lumiinus.com/), mobile app (the “Mobile App”), and any related cloud services as described below (collectively, the “Service(s)”). Please read them carefully.

On this page

1. Summary

2. Acceptance

3. Eligibility

4. Your account

5. The app and service

6. Scans and your content

7. Acceptable use

8. Intellectual property

9. Not a medical device

10. In-app purchases

11. Privacy

12. Disclaimers

13. Limitation of liability

14. Indemnification

15. Changes to these Terms

16. Termination

17. Governing law and disputes

18. Apple-Enabled Software

19. Notice for California Users

20. Contact us

All access and use of the Services is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms”). By (i) using Lumiinus, or (ii) accessing, browsing, or otherwise using the website or any other aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms of Service, you will not use Lumiinus or the Services.

Summary

Lumiinus is a mobile app that helps you scan pet stool and urine samples with your phone camera and receive informational analysis through our cloud services. These Terms are the agreement between you and Lumiinus Corporation about using all of that. The short version:

• Lumiinus is a helpful screening tool, not a medical device. It does not diagnose anything and it does not replace a veterinarian.

• Don’t do illegal, abusive, or harmful things with the Service, and don’t try to break it.

• You are responsible for your account, the pets and content you submit, and how you use scan results.

• We provide the Service as is, and our liability is limited.

Heads up. These Terms may be updated as the product evolves. We’ll change the “Last updated” date when anything material changes.

Acceptance

By creating an account, installing the app, purchasing credits, or otherwise using any part of the Services, you agree to these Terms and to our Privacy Policy. If you don’t agree, you may not use Lumiinus or any of our Services.

Eligibility

You must be at least 18 years old to create an account or use the Services. Lumiinus is not designed for, and may not be used by, anyone under 18. If you are a minor under the age of 18, please do not register for our Services or send any personal information to us. If you’re using Lumiinus on behalf of an organization, you represent that you have the authority to bind that organization to these Terms and hereby agree to these Terms on their behalf.

Your account

We sign you in with a one-time passcode sent to your phone number. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. You are responsible for keeping access to your phone secure, for everything that happens through your account, and for the accuracy of the profile and pet information you give us, and you agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices may permit unauthorized use by third parties. Notify us promptly if you believe your account has been compromised.

The app and service

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable revocable license to install and use the Lumiinus mobile app and the related cloud services for your personal, non-commercial use.

Lumiinus is a software service. Scanning is performed with your phone’s camera and related on-device features; there is no separate Lumiinus hardware device covered by these Terms.

The Services are under active development. We may add, change, or remove features; pause or end specific Services; and change pricing for any feature at our discretion. We’ll do our best to give you reasonable notice of material changes that affect you. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

Scans and your content

When you run a scan, you may capture images and submit related information (such as pet details, symptoms, and notes). You retain rights in the content you submit, subject to the license below.

By using the Service, you grant us a limited, worldwide, royalty-free license to host, store, transmit, process, and analyze that content solely as needed to provide the Service to you (for example, to upload images, run automated visual analysis, generate a report, deliver notifications, or show history in the app).

You represent that you have the right to submit the content you upload, that it relates to pets you are authorized to monitor, and that your submission does not violate any law or third-party right.

We will have the right to collect and analyze data and other information relating to the access, use, and performance of our Services (“Usage Data”), and we will be free (during and after the term of these Terms) to use Usage Data in de-identified or aggregated form to maintain, improve, train, fine-tune, and enhance our current and future products, services and technologies. Examples of Usage Data include technical logs, metadata, telemetry data, and information about how you use and interact with the Services.

Acceptable use

You agree that you will not, and will not allow anyone to:

• Use Lumiinus to capture images or other information about people who have not consented, or in any place where people have a reasonable expectation of privacy. The app is intended to photograph pet stool or urine samples for your own pet-care purposes.

• Use Lumiinus for unlawful, harassing, defamatory, abusive, or fraudulent purposes.

• Upload content you do not have the right to share, or misuse scan results in a way that harms others.

• Copy, modify, reverse engineer, decompile, disassemble, create a derivative work of, reverse assemble, or otherwise attempt to derive the source of the app or backend services, including source code, except where the law expressly allows it. Any rights not expressly granted herein are reserved by us.

• Probe, scan, or test the vulnerability of the Service; bypass authentication; or interfere with another user’s use of the Service.

• Resell, sublicense, or commercially redistribute the app, the Service, or the data the Service produces, or attempt to assign such Services to another third party without our prior written consent.

• Use the Service to build a competing product.

We may suspend or terminate accounts that violate these rules at our discretion.

Intellectual property

Lumiinus, the Lumiinus name and logos, the app, the cloud services, and all related software, designs, models, and content are owned by Lumiinus Corporation or our licensors and are protected by intellectual-property laws. These Terms do not grant you any right in our trademarks or trade names. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may not endorse or be affiliated with or connected to us. These Terms and your use of the Services do not grant you any license or right to use any of our trademarks, service marks, or other intellectual property rights, without our prior written permission.

Not a medical device

Lumiinus is not a medical device. It does not diagnose, treat, cure, or prevent any disease or condition in your pet. Any insights, scores, summaries, or alerts the Services produce are for informational purposes only and are not a substitute for veterinary care. Always consult a licensed veterinarian for medical decisions about your pet. If your pet is in distress, contact a veterinarian immediately. Do not rely on our Services to provide emergency medical assistance or guidance. Any reliance you place on information obtained through our Services is strictly at your own risk, and we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.

In-app purchases

If the app offers scan credits or other paid features through the Apple App Store, purchases are processed by Apple. Pricing, billing, renewals (if any), and refunds are subject to Apple’s terms and policies in addition to these Terms. Credits and features may change over time. Unless required by law or Apple’s policies, purchases are non-refundable once delivered.

Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is part of these Terms by reference, available at: https://lumiinus.com/#privacy

Disclaimers

We plan to continue to develop and improve Lumiinus and our Services, but we make no guarantees or promises about how they operate or that they will function as intended, and your use is at your own risk. LUMIINUS AND THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO LUMIINUS OR THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY USER CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. Lumiinus DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, NON-LUMIINUS RESOURCES OR ANY OUTPUT GENERATED THEREFROM.

WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF THE SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow these limitations; in those jurisdictions our liability is limited to the smallest extent permitted by law.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Lumiinus Corporation, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Lumiinus Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use (or misuse) of the Services, your violation of these Terms, or your violation of any law or rights of another. Lumiinus will provide notice to you of any such claim, suit, or proceeding. Lumiinus reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Lumiinus’s defense of such matter. You may not settle or compromise any claim against the Lumiinus Parties without Lumiinus’s written consent.

Changes to these Terms

We may update these Terms from time to time. When we do, we’ll update the “Last updated” date at the top, and for material changes we’ll notify you in the app or by email. Continued use of the Services and this website after a change means you accept and agree to be bound by the updated Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to all such upgrades or improvements.

Termination

You can stop using Lumiinus at any time. You can delete your account in the app, or ask us to delete your account by emailing support@lumiinus.com. We may suspend or terminate your access to the Service if you violate these Terms or if we reasonably believe you’ve put the Service or other users at risk. Sections of these Terms that by their nature should survive termination — including disclaimers, limitations of liability, indemnification, intellectual property, and dispute resolution — will survive.

Governing law and disputes

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Any dispute arising under or related to these Terms will be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts. Nothing in this section limits any right you may have under mandatory consumer protection laws of the country where you live. The failure of Lumiinus to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Apple-Enabled Software

With respect to the Mobile App that is made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Lumiinus and you acknowledge that these Terms of Service are concluded between Lumiinus and you only, and not with Apple Inc. (“Apple”), and that as between Lumiinus and Apple, Lumiinus, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Lumiinus’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

• Lumiinus and you acknowledge that Lumiinus, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

• In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Lumiinus and Apple, Lumiinus, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Lumiinus at support@lumiinus.com.

• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

• Lumiinus and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Lumiinus Corporation at support@lumiinus.com.

Contact us

Questions about these Terms? Write to support@lumiinus.com.