1.1 Company Definition and Registered Office
These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between Lumivara GmbH, Münchner Straße 2, 6330 Kufstein (hereinafter “Lumivara”) and the end customers (hereinafter “Users”), who are offered services via the website Lumivara.one or related services.
1.2 Scope
The GTC apply to all services provided by Lumivara through its platform. They regulate the use of the Lumivara platform, the provision of services as well as the sale and licensing of products by Lumivara to the user.
1.3 Amendments to the GTC
Lumivara reserves the right to change or supplement these GTC at any time. Changes will be communicated to users in a timely manner and shall be deemed accepted if the user continues to use the services after the changes have come into effect.
2.1 Services and Products
Lumivara offers a comprehensive web-based learning platform, accessible via multiple domains, including Lumivara.at, lumivara.org, lumivara.co, lumivara.de and lumivara.one. The platform provides users with a variety of interactive learning tools and resources aimed at improving learning skills and exam preparation.
2.2 Features of the Offer
The main features include:
Lumivara Chat - Interaction with an artificial intelligence to answer questions and provide learning assistance. Exam Trainer: A tool for effective exam preparation tailored to the needs of the user.
Notes - A feature for creating and managing notes that supports the learning process.
Expansion of Functionality - Lumivara plans to continuously add new features and resources to enhance the learning experience.
2.3 Free and Paid Offer
Initially, the platform offers 10 inquiries completely free of charge. Afterwards, users can take advantage of a 7-day free trial period, which automatically converts into a monthly subscription if not cancelled in time.
3.1 Minimum Age and Eligibility for Use
The use of Lumivara's services requires that the user is at least 13 years old. By registering, the user confirms that they have reached this age limit and possess the necessary legal capacity or have the consent of a parent or legal guardian.
3.2 User Registration
Registration is required for the full use of the services. The user agrees to provide truthful, current, and complete information about themselves during registration and to update this information promptly in the event of any changes.
3.3 Account Management
Each user is responsible for the security of their account. This includes keeping passwords and other access data confidential. Lumivara is not liable for damages resulting from unauthorized use or misuse of user accounts.
3.4 Usage Restrictions
The use of the services is permitted only within the scope of the intended functionalities and for lawful purposes. Any form of abuse, such as distributing illegal content, engaging in hacking activities, or creating multiple accounts to circumvent usage restrictions, will result in the immediate termination of the service agreement.
4.1 Commencement of Contract
The contractual relationship between the user and Lumivara begins with successful registration and login on one of the Lumivara web platforms (Lumivara.at, lumivara.org, lumivara.co, lumivara.de, lumivara.one). By registering, the user accepts the GTC and the privacy policy.
4.2 Free Trial Period
After registration, the user initially receives 10 inquiries completely free of charge. Subsequently, the user can take advantage of a 7-day free trial period during which all features of the Lumivara platform can be used in full. By taking advantage of the free trial, the user expressly agrees that Lumivara will commence contract performance before the expiration of the statutory cancellation period. The user also confirms that they lose their statutory right of withdrawal once the digital content of the platform is made available. This consent is given during the registration process and is documented by a confirmation email.
4.3 Transition to a Paid Subscription
If the user does not cancel their membership within the 7-day trial period, a monthly subscription at the currently valid rates will automatically be initiated. Billing is carried out monthly in advance. The user will be clearly and understandably informed, both at the conclusion of the trial period and via reminder email, that the trial period will automatically convert into a paid subscription if not cancelled in time.
4.4 Contract Duration and Termination
The contract is concluded for an indefinite period and may be terminated by either party at any time. The termination conditions are specified in the respective sections of the GTC.
5.1 Pricing Structure
The Lumivara subscription costs €7.99 per month / €74.99 per year, including VAT. This price applies after the expiration of the 7-day free trial period, provided the subscription is not cancelled in time.
5.2 Accepted Payment Methods
Lumivara offers a variety of payment options to meet the needs of our users. Accepted payment methods include credit card, debit card, bank transfer, direct debit, Apple Pay, Google Pay, and specific payment links. The availability of these options may vary depending on the country.
5.3 Payment Processing
All payments are securely processed via the payment service provider STRIPE. Lumivara ensures that all payment transactions are carried out in accordance with the highest security standards and data protection regulations.
5.4 Invoicing and Payment Deadlines
Billing for the subscription is carried out monthly in advance. The user will receive an invoice with detailed information on the fees. Payment deadlines and conditions for late payments will be clearly communicated.
6.1 Right to Terminate
Users have the right to cancel their subscription at any time. This can be done via the dashboard at Lumivara.at/panel, directly in the subscription settings at Lumivara.at/ui, or via email to [email protected].
6.2 Termination Procedure
To cancel the subscription, users must log into their account and select the appropriate options in the dashboard or subscription settings. In the case of cancellation via email, the user should provide their name and registered email address to expedite the process.
6.3 Effect of Termination
The cancellation becomes effective immediately once processed by Lumivara. Users will have access to the services until the end of the already paid billing period.
6.4 Refunds
Refunds are made solely in accordance with the statutory requirements as stipulated in Austria and the EU. Lumivara grants refunds only when legally absolutely required. For partially used billing periods, refunds are generally not provided unless mandated by compelling legal provisions. Users are advised that each refund request will be examined individually and handled in accordance with applicable laws. Since these are digital contents not delivered on a physical medium, there is no right of withdrawal pursuant to § 18 Abs. 1 Z 11 FAGG if the user has expressly agreed to immediate contract execution and acknowledged that they thereby lose their right of withdrawal. Therefore, a refund is excluded.
7.1 Commitment to Data Protection
Lumivara is committed to protecting the privacy and personal data of its users. All measures and procedures for data processing comply with applicable data protection laws.
7.2 Privacy Policy
The specific details regarding the type, scope, and purpose of data collection and processing by Lumivara are outlined in the privacy policy, which can be viewed at Lumivara.at/legal/privacy.
7.3 Cooperation with Third Parties
Lumivara cooperates with various third parties, including Stripe, Microsoft, OpenAI, Google, and YouTube. The privacy policies of these providers are accessible via the respective links:
8.1 Quality Assurance
Lumivara is committed to providing high-quality services. The platform is regularly maintained and updated to ensure continuous functionality and user-friendliness.
8.2 Disclaimer of Liability
Lumivara is not liable for indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use the services. This includes, but is not limited to, data loss or loss of profits.
8.3 Limitation of Liability
Lumivara's liability is limited to cases of intent or gross negligence. For slight negligence, Lumivara is liable only in the event of a breach of essential contractual obligations and only up to the amount of the foreseeable damage.
8.4 Exclusions of Warranty
Lumivara excludes any warranty for the uninterrupted availability of the services as well as for technical errors that are beyond Lumivara's control.
9.1 Right to Make Changes
Lumivara reserves the right to make changes to its services at any time, including changes to functionalities, features, and terms of use. This may occur due to technological developments, changes in legal frameworks, or to improve the user experience.
9.2 Notification of Changes
Lumivara is committed to informing its users of significant changes in a timely and appropriate manner. Such changes will be communicated via the contact methods provided on Lumivara, such as email or platform notifications.
10.1 Licensing and Use of Third-Party Content
Lumivara uses content from third parties (such as OpenAI, Wikimedia, and YouTube) under their specific licensing conditions. Users acknowledge that such content is protected by the respective copyrights and its use is regulated accordingly.
10.2 Handling of User Content
Users grant Lumivara the right to use the content they create on the platform as part of the service. The data protection and confidentiality of this content are handled in accordance with Lumivara's privacy policy.