IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 17 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE ACCESS OR USE OF THE SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION 17 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. Introduction
1.1. These Terms of Use (“Terms”) constitute a binding legal agreement between LUMA AI LTD. and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (collectively, "Luma.AI", "we," “our,” or "us") and you ("you" or "your") and governs your access and use of all features, content, and other services provided by Luma.AI, including without limitation our website https://luma.ai/ (“Website”) and application ("App"; collectively "Services"). All references to “you” or “your,” as applicable, mean the person who accesses, uses, or participates in the Services in any manner, and each of your heirs, assigns, and successors.
1.2. By registering an account and participating in any competitions and tournaments held in the Services, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not register an account or otherwise use or access the Services.
2. Device information
2.1. Using the Services requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device (“Device”) in order to make the software and services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account. We will use this information in accordance with our Privacy Policy.
2.2. We do not warrant that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.
3. Eligibility
3.1. This Services are intended solely for users who are at least thirteen (13) years of age or older. In case you are between the ages of 13 years and the age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms and Conditions for you to access our Platform.
3.2. By accessing the or otherwise using the Services, you represent and warrant that you: (i) are over the age of thirteen (13) and have the consent of a legal guardian who has reviewed these terms or over the age of 18, (ii) have the legal power to form a binding contract with Luma.AI (or that of a legal guardian), (iii) are physically located in a jurisdiction in which participation in the competition you select is unrestricted by that jurisdiction’s laws, and (iv) agree to at all times abide by these Terms and all applicable laws. If you do not meet all of these requirements, you must not access or use any of the Services, and we may suspend or close your account with or without notice.
4. Account registration
4.1. When you create an account, you may be asked to provide certain information, which may involve (a) registering a username; (b) providing contact information; and (c) any other information we request. You may only register for a single account and may not use or access multiple accounts at the same time. Each account is personal to the individual who registers it. You agree that you will not share your account credentials or permit any other person to access or use your account.
4.2. You are responsible for keeping your account information secure. Please do not share your account information with anyone and notify us right away if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
4.3. As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your account; or (ii) access the Services through your account. Neither your account nor any credits associated with your account are transferable to any other person or account, except as explicitly permitted in these Terms or the Services.
4.4. You agree that you have no ownership or property interest in or to any account. We reserve the right to delete your Account if we observe no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access or use any credits associated with that Account and no refund will be offered to you.
4.5. You agree to update any provided information or data or to provide additional items as part of ongoing efforts to prevent illegal and fraudulent activities, or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers to verify your account and to prevent fraud.
5. User input and generated content
5.1. The Service provides access to generative artificial intelligence technology that produces video content based on user-provided prompts, images, video clips, or other materials ("User Input").
5.2. You may submit prompts, images, video clips, audio, or other materials as User Input to generate video outputs (“Output”). You represent and warrant that you hold all necessary rights, permissions, and licenses to submit such materials and to authorize their processing for video generation.
5.3. Outputs are generated through probabilistic machine-learning models and do not produce fixed or deterministic results. The same or similar User Inputs may yield different video outputs at different times.
5.4. The Service, including its video generation models, rendering capabilities, output quality, resolution, frame rate, duration limits, and available features, is under active development and may change, improve, degrade, or be discontinued as the technology evolves or as operational constraints require.
5.5. Lumai.AI does not guarantee that video outputs are original, unique, or free from resemblance to third-party works, nor does it guarantee that outputs will be suitable for any particular creative, commercial, or professional use.
5.6. You are solely responsible for the content of all inputs and for any resulting video outputs, including their use, distribution, publication, or commercialization. Luma.AI does not verify ownership or legality of user inputs.
6. Ownership and license
6.1. The Services. The Services, including the App, Websites, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, credits, and any part thereof, including derivative works, of Luma.AI and other companies serviced by Luma.AI, are the property of Luma.AI or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from Luma.AI. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, express or implied, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
6.2. All rights, title, and interest in the Service, including the generative video models, algorithms, rendering pipelines, training methodologies, and system architecture, remain the exclusive property of Luma.AI or its licensors. No rights are granted to access, extract, reverse engineer, or replicate the underlying video generation technology.
6.3. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
6.4. You may choose to or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Luma.AI under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
6.5. Subject to your continued compliance with these Terms, we grant you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms.
6.6. Input and Output. The Services utilize artificial intelligence to process User Inputs to the Services, and generate and return Outputs based on such Inputs. As between you and Lumai.AI, you retain any rights you may have in videos generated through the Service using your User Input. You acknowledge, however, that AI-generated video is inherently non-exclusive and that similar or substantially similar videos may be generated for other users using the same or different User Input. The appearance of similarity between generated videos and other content does not, by itself, establish infringement or ownership.
6.7. You acknowledge that Inputs and Outputs may be used by Luma.AI to train and improve its AI models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model training purposes). By uploading or sharing any User Input through the Services, you represent and warrant that you have all rights necessary, and you agree to expressly grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use your User Input in any way and for any purposes including, but not limited to host, store, reproduce, modify, adapt, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of all such User Content and without limitation any name, voice, image or likeness as contained in the User Content, in whole or in part, in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Luma.AI's businesses. Where required by law or explicitly offered by Luma.AI, users may be given controls regarding whether their content is used for model training or improvement.
6.8. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Input, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Luma.AI, are responsible for all of your User Inputs in the Services. Any such User Inputs used by you on the platform may not contain nudity, violence, sexually explicit, dangerous, hateful, harassing, fraudulent, misleading, illegal, or offensive subject matter as determined by Company in its sole discretion, as further detailed in section 7 below.
7. Prohibited uses
7.1. You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.
7.2. You may not (and shall not permit any third party to) either (a) take any action or (b) submit User Input or otherwise facilitate production of Output or any take any other action on or through the Services that:
(i) Is in violation of any applicable law or regulation or these Terms.
(ii) Is violent, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Luma.AI may determine in its sole discretion;
(iii) Infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party;
(iv) Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations;
(v) Involves commercial activity not expressly permitted by Luma.AI, including, but not limited to advertising, solicitation or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes;
(vi) Contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of Luma.AI, its users, or any other individual or entity;
(vii) Uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that access the Services in a manner that sends more request messages to Luma.AI's servers than a human can reasonably produce in the same period of time;
(viii) Harvest, scrape or collect any information from or about the services, including but not limited to information regarding other people that use the Services, by use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware;
(ix) Impersonates any individual or entity, including, without limitation, employees or representatives of Luma.AI;
(x) Engage in any act that Luma.AI deems to conflict with the spirit or intent of the Services or make improper use of our Services;
(xi) Reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework;
(xii) Create derivative works of the Services;
(xiii) Use the Services in whole or in part for any purpose except as expressly provided herein; and
(xiv) Disable or circumvent any access control or related device, process or procedure established with respect to the Services.
7.3. You shall be solely responsible for any and all User Input and Output of any kind that you make available through the Services.
7.4. You represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Services, including but not limited any of the behavior listed above, will be subject to immediate sanction, which may include, without limitation: (1) immediate termination of your account and blocking of your access to the Services; and (2) any credits that you may otherwise have been entitled to receive shall be void and forfeited.
7.5. Any attempt to deliberately damage the Services or undermine the legitimate operation of any competition is a violation of criminal or civil laws and should such an attempt be made, Luma.AI reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.
8. Compliance with laws
8.1. You are solely responsible for your compliance with all applicable laws. Use of the Services is void where prohibited or restricted by applicable law. Your participation in the Services is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties.
8.2. You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, Russian Federation, Belarus, Venezuela and the Crimea, Donetsk and Luhansk regions of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Luma.AI's sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.
9. Third party services
9.1. The Service may rely on third-party video generation models, rendering engines, or cloud infrastructure. Availability, output quality, or feature access may be affected by limitations imposed by such third parties. Luma.AI is not responsible for the independent behavior or availability of third-party components beyond reasonable integration and oversight.
9.2. The Services may provide links to third-party websites, apps, services, offerings, products or other activities (“Third Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that Luma.AI endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third-Party Services. Your use of such Third Party Services is made at your own risk and shall be subject to the terms of use of such Third Party Services. You acknowledge that Luma.AI has no liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third Party Services should be directed to such third parties.
10. Subscriptions
10.1. Certain features of the Services require a paid subscription (“Subscription”). Subscription details, including pricing, billing frequency, included usage limits or credits, and plan features, are described at the time of purchase or on the applicable order page and may be updated from time to time.
10.2. Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) and automatically renew unless canceled before the start of the next billing period. You authorize us (or our third-party payment processor) to charge the applicable fees using your selected payment method.
10.3. You may cancel your Subscription at any time through your account settings or the applicable third-party platform. Cancellation will take effect at the end of the current billing period, and you will retain access to the Subscription features until that time. No partial refunds or credits will be provided for unused time, credits, or features, except as expressly required by applicable law.
10.4. All fees are non-refundable and non-creditable except where required by applicable law or as expressly stated in these Terms. We reserve the right to change Subscription fees or plans upon reasonable prior notice.
10.5. We may offer free trials that provide limited access to the Services for a specified period. If you enroll in a Subscription with a free trial and use any credits or other metered usage during the free trial period, you will not be eligible for a refund after the free trial ends, even if you forget to cancel before the trial converts to a paid Subscription. You are responsible for canceling before the end of the free trial to avoid being charged.
10.6. Some Subscriptions include usage-based limits or credits. Credits have no cash value, are non-transferable, and may expire as described at the time of purchase. Unused credits are forfeited upon cancellation or expiration of the Subscription.
10.7. If you purchase a Subscription through a third-party platform, billing, refunds, and cancellations are subject to that platform’s terms and policies, and we do not control those processes.
11. Additional terms for Apple users
11.1. If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and Luma.AI only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; any such refund is governed solely by Apple’s refund policies and procedures. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services or your possession and use of the Apps infringe that third party's intellectual property rights.
11.2. For Subscriptions purchased through the Apple App Store, all billing, cancellations, and refunds are handled exclusively by Apple. You must contact Apple directly to request a refund or manage your Subscription, and we do not have the ability to grant or process refunds for App Store purchases.
11.3. You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Limitation of liability
12.1. By using the Services, you understand and agree that Luma.AI's liability in connection with your use of the Services is as set forth below. Under no circumstances shall Luma.AI or its directors, officers, employees, or other representatives of each of them (collectively, the "Luma.AI Entities and Individuals"), be liable to you for any loss or damages of any kind (including, without limitation, to the extent permitted by applicable law, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to (1) the App Websites, the Services, or your uploaded information; (2) the use of, inability to use, or performance of the Services; (3) any action taken in connection with an investigation by Luma.AI or law enforcement authorities regarding your use of the Services; (4) any action taken in connection with copyright owners; or (5) any errors, omissions or defects in the Services' technical operation, even if foreseeable or even if the Luma.AI Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Luma.AI Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
12.2. In no event shall the Luma.AI Entities and Individuals' total liability to you for all damages, losses, or causes of action exceed one hundred U.S Dollars ($100). The Luma.AI Entities and Individuals are not responsible for any damage to your and any third parties' computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Luma.AI's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Luma.AI and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.
12.3. By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code section 1542, that otherwise might limit your waiver of such claims.
13. Disclaimer of warranties
13.1. Generated Output may contain visual artifacts, inaccuracies, distortions, inconsistencies, or unexpected results. Luma.AI does not guarantee technical precision, factual accuracy, or aesthetic quality of any video output. Outputs are not intended to serve as professional, legal, medical, financial, or other regulated advice, nor should they be relied upon for such purposes. You are responsible for reviewing and validating all generated video content before use or distribution.
13.2. Video generation may be subject to delays, queueing, rate limits, storage limits, or temporary interruptions due to computational demand or infrastructure limitations. Luma.AI does not guarantee uninterrupted access, specific rendering times, or consistent output characteristics.
13.3. You acknowledge and agree that: (i) you assume full responsibility for your use of the Services; (ii) your use of the Services is at your own risk; and (iii) any information you send or receive during your use of the Services may not be secured and may be intercepted or later acquired by unauthorized parties. The Services are provided on an "as is" and "as available" basis, without any warranty of any kind, either express or implied. Luma.AI strives to keep its Services up and running; however, We do not guarantee that the Services will be available at all times or at any given time or that we will continue to offer the Services for any particular length of time. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services, or any part thereof in our sole discretion without notice, including for example for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.
13.4. In addition, Luma.AI is not responsible in any way for you use of the Services on or for your Device, including for any communication or other errors in such Services or Device. Luma.AI does not provide any warranty regarding the Services, App, Websites or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about Services statistics, technical errors in the Services, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Luma.AI does not warrant or guarantee protection from viruses or other computer system malware. Luma.AI does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. We may change and update the Services without notice to you. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services or the content contained therein, such greater restrictions shall apply.
14. Safety Monitoring and Enforcement
14.1. Luma.AI may employ automated and manual review mechanisms to monitor User Inputs and generated Outputs for compliance with safety requirements.
14.2. Luma.AI may restrict, suspend, or terminate access to the Service if it determines that generated video content or usage patterns violate these provisions or pose legal, ethical, or reputational risks.
15. Indemnification
15.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Luma.AI Entities and Individuals harmless from any loss, damage, claim, liability, cost, demand and expense, including reasonable attorneys’ fees, arising in any way from your use of or access to the Services, including, without limitation, (i) any data or work transmitted or received by you; (ii) your violation of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any jurisdiction as applicable to you and Luma.AI; (v) any claims or damages that arise as a result of any of your User Content user submissions or any other content that is submitted via your account; (vi) any other party’s access and use of the Service with your account; or (vii) any other claim made by any third party in connection with your use of the Services.
15.2. Luma.AI may elect to have control of the defense or settlement of any third-party claim, demand, action, or proceeding, which shall be exercised in Luma.AI’s sole discretion, against any third-party claim, demand, action, or proceeding.
16. Term and termination
16.1. Luma.AI reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services, with or without notice, unless prohibited by applicable law. You agree that Luma.AI shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
16.2. You may terminate your Luma.AI account at any time and for any reason by sending us a support request at: help@luma.ai or following the instructions provided in the Services. Upon termination of your account, you must immediately discontinue use of the Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate and you continue to be bound by these Terms. Luma.AI may, at its sole discretion, deny or delay a request to terminate your Luma.AI account, if it has any reason to believe, in its sole discretion, that you have breached your obligations under these Terms, or any applicable laws.
17. Agreement to arbitrate/class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
17.1. You agree that any claim or dispute at law or equity that has arisen or may arise between you and Luma.AI relating in any way to or arising out of these Terms or your use of, or access to the Services, will be resolved in accordance with the provisions set forth in this section 17. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you may have against each other are resolved.
17.2. You and Luma.AI will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Luma.AI, the nature and legal basis for your or Luma.AI’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use best efforts to settle any dispute, claim or disagreement. Following the Notice, the informal negotiation process will consist of conferring in writing – or, if requested by either party, via teleconference or videoconference – in a good faith effort to informally resolve the Dispute. If either party is represented by counsel, that counsel may participate. All offers, promises, conduct, and statements made in the course of the informal negotiation process by any party are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal negotiation process. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration.
17.3. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Luma.AI relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. If you reside in the US, the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If you reside in Israel, the Israeli Commercial Arbitration Law, 5784-2024, as amended, or, if the International Arbitration Law is deemed inapplicable, for any reason, the Israeli Arbitration Law, 5728-1968 shall govern the interpretation and enforcement of this agreement to arbitrate. If you reside elsewhere, the UK Arbitration Act of 1996 shall govern the interpretation and enforcement of this agreement to arbitrate.
17.4. In all events, each party hereby knowingly, voluntary and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitration does not apply to any claim, that claim will be tried before a judge sitting without a jury.
17.5. You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless Luma.AI agrees in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Luma.AI users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Luma.AI’s right to appeal the court’s decision. All other claims will be arbitrated.
17.6. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
17.7. If you reside in the US, the arbitration will be conducted by the National Arbitration and Mediation (“NAM”) (under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement). Otherwise, the arbitration will be conducted by the Israeli Institute of Commercial Arbitration except as they may be modified herein.
17.8. The parties agree that NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate, including by setting reduced fees for consolidated cases, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section while such challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction. The arbitration may also impose sanctions in accordance with NAM rules for any claims the arbitration determined to be frivolous or improper and to apply the standards set fort in Federal Rule of Civil Procedure 11.
17.9. The arbitration shall be held in New York City for U.S. residents, Tel Aviv, Israel, for Israeli residents, London, England, for all other users, or at another mutually agreed upon location. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in Section 19 regarding litigation. If the value of the relief sought is $10,000 or less, either you or Luma.AI may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Luma.AI, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
17.10. To the extent the filing fee charged to any individual claimant for arbitration exceeds the cost of filing an individual lawsuit, the arbitrator may require Luma.AI to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Luma.AI will pay the remaining filing and arbitrator fees for the arbitration, provided your claim or the consolidated claims (as applicable) do not exceed $75,000. For claims above $75,000 or consolidated claims, fees and costs will be determined in accordance with applicable arbitration rules and the arbitrator’s decision.
17.11. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
17.12. To the extent permitted by applicable law, any claim or dispute under these Terms and related to your access or use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.
17.13. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
17.14. With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
17.15. Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
17.16. 30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address: help@luma.ai. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Luma.AI. If you opt-out of arbitration, Luma.AI also will not be bound to arbitrate. You agree that, if at some point in the future Luma.AI removes this Section 17 entirely, restoring the right to proceed in court, no opt out from that change would be required.
17.17. Changes to this Section: Luma.AI will provide 30 days’ notice of any material changes affecting the substance of this Section 17. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims are subject to the revised clause.
18. Modification of Terms or Services
18.1. We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time. We shall notify you prior to making material changes to these Terms. You agree that to the extent we decide to notify you, we may notify you of any updated or new Terms by posting notice on the Services so that they are accessible via a link from the home page or by providing you notice at the email address associated with your account. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease accessing the Services.
18.2. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, and unless prohibited by applicable law to: (i) stop offering or supporting the Services or part of the Services; (ii) terminate or suspend your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services' availability to any person, geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the Services; (vii) modify or waive any fees charged in connection with the Services; or (viii) offer opportunities to some and all users of the Services. If that happens, Luma.AI is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for Virtual Items previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.
19. Governing law
19.1. These Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S., without regard to conflict of law principles thereof. You hereby consent to the exclusive application of this governing law.
20. No Waiver and Force Majeure
20.1. Luma.AI's failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Luma.AI will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
21. Survival
21.1. You agree that the following provisions of these Terms shall survive termination of the Services, for any reason whatever: Compliance with laws, User-generated content, Prohibited uses, Limitation of liability, Indemnification, Luma.AI's intellectual property rights, Term and termination, Agreement to arbitrate/class action waiver, and Governing law.
22. Assignment of rights
22.1. You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. Luma.AI may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
23. Notification procedures
23.1. Luma.AI may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Luma.AI in our sole discretion. Luma.AI reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or Luma.AI’s Privacy Policy.
23.2. Legal notices shall be served at the address provided in the contact section (in case Luma.AI is served) or your email address on file with us (in case you are served). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
24. Entire Agreement and Severability of clauses
24.1. The Terms posted on this page, and the policies and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and Luma.AI. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
25. Language
25.1. You acknowledge that these Terms, and all related documents (including any rules and the privacy policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
26. Contact us
26.1. If you have any questions about these Terms or Luma.AI’s Services in general, please contact us at: help@luma.ai. Subject to the content of your inquiry, Luma.AI may request that you provide additional information in order to allow the appropriate handling of your inquiry.