Terms of Use

These terms apply to all Lumina products and services.

1. Your Relationship with Lumina

1.1 Your use of Lumina's products, software, services, and websites (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and PHV Solutions d.o.o. ("Lumina", "we", "us", or "our"). This document explains how the agreement is made up and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with Lumina, your agreement with Lumina will always include, at a minimum, the terms and conditions set out in this document.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

• (A) clicking to accept or agree to the Terms, where this option is made available to you by Lumina in the user interface for any Service; or
• (B) by actually using the Services. In this case, you understand and agree that Lumina will treat your use of the Services as acceptance of the Terms from that point onwards.

3. Language of the Terms

3.1 Where Lumina has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Lumina.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Lumina

4.1 Lumina is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Lumina provides may change from time to time without prior notice to you.

4.2 As part of this continuing innovation, you acknowledge and agree that Lumina may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Lumina's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Lumina when you stop using the Services.

5. Use of the Services by You

5.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Croatia, the European Union, or other relevant countries).

5.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.3 Unless you have been specifically permitted to do so in a separate agreement with Lumina, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.4 You agree that you are solely responsible for (and that Lumina has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Lumina may suffer) of any such breach.

5.5 You agree that you cannot impersonate any real or fictional person or entity or perform any fraudulent activity.

5.6 You must be at least 13 years old to use the Services. If you are under 16 years old, you must have parental consent to use our Services in accordance with applicable data protection laws.

5.7 Upon signing up for the Services, you agree to receive email communications from Lumina, which is important for Lumina to deliver the Services to you.

6. Privacy and Your Personal Information

6.1 For information about Lumina's data protection practices, please read our Privacy Policy.

6.2 You agree to the use of your data in accordance with Lumina's privacy policies and in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

7.2 Prohibited Content: You agree that you will not send, display, post, submit, publish or transmit Content that:

• (i) is unfair or deceptive under the consumer protection laws of any jurisdiction;
• (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights;
• (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
• (iv) impersonates another person;
• (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent;
• (vii) involves theft or terrorism;
• (viii) constitutes an unauthorized commercial communication;
• (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party; and/or
• (x) breaches this agreement.

7.3 Lumina reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service without further notice to you.

7.4 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights.

7.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

7.6 You agree that you are solely responsible for (and that Lumina has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions by doing so.

8. Proprietary Rights

8.1 You acknowledge and agree that Lumina owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services.

8.2 Unless you have agreed otherwise in writing with Lumina, nothing in the Terms gives you a right to use any of Lumina's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3 Lumina acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content.

8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9. License from Lumina

9.1 Lumina gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Lumina as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Lumina, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law.

9.3 Unless Lumina has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Content License from You

10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services.

11. Prohibited Uses

You agree that you will not, and will not authorize, encourage, or enable any third party to:

11.1 Account Integrity & Impersonation: Create a false identity; misrepresent your affiliation; create an account for anyone other than yourself without authorization; share or sell login credentials; or attempt to use another user's or organization's account.

11.2 Scraping, Data Mining, & Automated Access: Develop, support, deploy, or use software, devices, scripts, robots, crawlers, or other automated means to access, query, monitor, copy, harvest, or extract any part of the Services or Content.

11.3 Security, Interference, & Abuse: Post, upload, or transmit malware, viruses, or other harmful code; perform denial-of-service attacks; or otherwise interfere with the Services.

11.4 Misuse of Features: Use messaging, announcements, Q&A, community boards, or contact forms for spam, scams, harassment, or unrelated commercial solicitations.

12. Software Updates

12.1 The Software which you use may automatically download and install updates from time to time from Lumina. These updates are designed to improve, enhance and further develop the Services. You agree to receive such updates as part of your use of the Services.

13. Ending Your Relationship with Lumina

13.1 The Terms will continue to apply until terminated by either you or Lumina as set out below.

13.2 Lumina may at any time, terminate its legal agreement with you if:

• (A) you have breached any provision of the Terms;
• (B) Lumina is required to do so by law;
• (C) the partner with whom Lumina offered the Services to you has terminated its relationship with Lumina;
• (D) the provision of the Services to you by Lumina is no longer commercially viable.

13.3 You may terminate your account at any time by contacting us or using account deletion features in the Services. Upon termination, your right to use the Services will immediately cease.

14. Exclusion of Warranties

14.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LUMINA'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

14.3 IN PARTICULAR, LUMINA DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

15. Limitation of Liability

15.1 SUBJECT TO THE OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUMINA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

15.2 THE LIMITATIONS ON LUMINA'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT LUMINA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

16. Indemnification

16.1 You agree to defend, indemnify and hold Lumina and PHV Solutions d.o.o. and each of its respective officers, directors, agents, partners and employees, harmless from any and all damage, loss, liability, cost and expense resulting from any claim relating to or arising out of: (I) your content; (II) your breach of these Terms; (III) your misuse of the Services; (IV) your violation of any third-party right.

17. Copyright and Trade Mark Policies

17.1 It is Lumina's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the accounts of repeat infringers.

18. Tax

18.1 Our fees do not include taxes, levies, duties, or similar charges (collectively, "Taxes") imposed by any governmental authority, unless explicitly stated otherwise. This includes, but is not limited to, value-added tax (VAT). You are responsible for any Taxes associated with your purchases.

18.2 If applicable laws require us to collect or pay Taxes on your behalf, we will add the appropriate amount to your invoice.

19. Privacy Policy

19.1 Our Privacy Policy is incorporated into and governed by these Terms of Use. By accepting these Terms, you also acknowledge and agree to the practices described in our Privacy Policy.

20. Event-Specific Terms and Policies

20.1 In addition to these general Terms of Use, individual events hosted on the Lumina platform may have their own specific terms, conditions, and policies established by the event organizers. These event-specific terms may include:

• Event registration and cancellation policies
• Refund policies specific to the event
• Code of conduct and behavioral expectations
• Photography, video, and recording permissions
• Liability waivers and assumption of risk
• Intellectual property rights for event content
• Communication and marketing preferences

20.2 Important: When you register for an event through Lumina, you should carefully review any event-specific terms and conditions provided by the event organizer. By registering for an event, you agree to comply with both these Lumina Terms of Use and any additional terms set by the event organizer.

20.3 Refunds, replacements, and complaints related to event registration, tickets, or event services are handled exclusively under the event organizer's terms. Those terms can be obtained by visiting the organizer's website or contacting the organizer directly.

20.4 Event-specific terms can typically be found on the event's registration page or in the event details within the Lumina app. The event organizer is responsible for their own terms and policies, and any questions or disputes regarding event-specific terms should be directed to the event organizer.

20.5 In case of conflict between these Lumina Terms of Use and event-specific terms, the event-specific terms shall prevail for matters directly related to that event, except where such terms would violate applicable law or these Terms' provisions regarding prohibited content and conduct.

21. Other Content

21.1 The Services may include hyperlinks to other web sites or content or resources. Lumina may have no control over any web sites or resources which are provided by companies or persons other than Lumina.

21.2 You acknowledge and agree that Lumina is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

22. Changes to the Terms

22.1 Lumina may make changes to the Terms from time to time. When we make material changes, we will notify you through the Services or by other means.

22.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Lumina will treat your use as acceptance of the updated Terms.

23. Governing Law and Jurisdiction

23.1 These Terms are governed by and interpreted in accordance with the laws of the Republic of Croatia, excluding that body of law related to choice of laws.

23.2 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Municipal Court in Zagreb (Opcinski sud u Zagrebu), Croatia.

23.3 If you are a consumer residing in the European Union, you may also be entitled to bring proceedings in the courts of your country of residence.

24. Contact Information

If you have any questions about these Terms, please contact us at: