1.1 Company Definition and Location
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 via the Lumivara.one website or associated services.
1.2 Scope
The GTC apply to all services that Lumivara offers via 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 Changes 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 are considered accepted if the user continues to use the services after the changes 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 offers users a variety of interactive learning tools and resources aimed at improving learning skills and exam preparation.
2.2 Offer Features
The main functions include:
Lumivara Chat - Interaction with an artificial intelligence to answer questions and provide learning aids. Exam trainer: A tool for effective exam preparation, adapted to the needs of the user.
Notes - A feature for creating and managing notes that supports the learning process.
Extension of the range of functions - Lumivara plans to continuously add new features and resources to improve the learning experience.
2.3 Free and Paid Offer
The platform initially offers 10 queries completely free of charge. Afterwards, users can take advantage of a 14-day free trial period, which automatically turns into a monthly subscription if not cancelled in time.
3.1 Minimum Age and Usage Authorization
The use of Lumivara's services requires the user to be at least 13 years old. By registering, the user confirms that they have reached this age limit and have the necessary capacity to do business or have the consent of a parent or legal guardian.
3.2 User Registration
For full use of the services, registration is required. The user undertakes to provide truthful, current and complete information about his person when registering and to update this immediately in the event of changes.
3.3 Account Management
Each user is responsible for the security of his account. This includes the confidentiality of passwords and other access data. Lumivara is not liable for damages resulting from unauthorized use or misuse of user accounts.
3.4 Usage Restrictions
The use of the services may only take place within the intended functionalities and for lawful purposes. Any form of abuse, such as spreading illegal content, carrying out hacking activities or creating multiple accounts to circumvent usage restrictions, leads to the immediate termination of the usage relationship.
4.1 Start of Contract
The contractual relationship between the user and Lumivara begins with the 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 terms and conditions and the privacy policy.
4.2 Free Trial Phase
After registration, the user initially receives 10 requests completely free of charge. Subsequently, the user can take advantage of a 14-day free trial period in which all functions of the Lumivara platform can be used in full.
4.3 Transition to a Paid Subscription
If the user does not cancel his membership within the 14-day trial period, a monthly subscription is automatically initiated at the current rates. Billing is done monthly in advance.
4.4 Contract Duration and Termination
The contract is concluded for an indefinite period and can be terminated by both parties at any time. The termination conditions are set out in the relevant sections of the terms and conditions.
5.1 Pricing Structure
The subscription to Lumivara costs 4.99 Euros per month including VAT. This price applies after the expiry of the 14-day free trial period, provided the subscription is not cancelled in due 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, transfer, direct debit, Apple Pay, Google Pay, and specific payment links. The availability of these options may vary by 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
The subscription is billed monthly in advance. The user receives an invoice with detailed information about the fees. Payment deadlines and conditions for late payments are clearly communicated.
6.1 Right of Termination
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 by 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 in the subscription settings. When cancelling by email, the user should provide their name and the registered email address to speed up the process.
6.3 Effect of Termination
The termination becomes effective immediately once it has been processed by Lumivara. Users have access to the services until the end of the already paid billing period.
6.4 Refunds
Refunds are made exclusively within the framework of legal requirements as prescribed in Austria and the EU. Lumivara only grants refunds if this is absolutely necessary by law. As a rule, no refunds are made for partially used billing periods, unless this is prescribed by mandatory legal provisions. Users are advised that each request for a refund is individually reviewed and handled in accordance with applicable laws.
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 about the type, scope, and purpose of data collection and processing by Lumivara are set out in the Privacy Policy, which can be viewed at Lumivara.at/legal/privacy.
7.3 Cooperation with Third Parties
Lumivara works with various third-party providers, including Stripe, Microsoft, OpenAI, Google, and YouTube. The privacy policies of these providers can be accessed 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
Lumivara is not liable for indirect, incidental, special, consequential or exemplary damages resulting 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 intent or gross negligence. For slight negligence, Lumivara is only liable in the event of a breach of essential contractual obligations and only up to the amount of the foreseeable damage.
8.4 Warranty Exclusions
Lumivara excludes the warranty for the uninterrupted availability of the services as well as for technical errors that are beyond Lumivara's control.
9.1 Right to Changes
Lumivara reserves the right to make changes to its services, including functionalities, features, and terms of use, at any time. This can be due to technological developments, changes in legal frameworks, or to improve the user experience.
9.2 Notification of Changes
Lumivara commits to inform its users about significant changes in a reasonable and timely manner. The communication of such changes is made via the contact channels specified on Lumivara, such as email or notifications within the platform.
10.1 Licensing and Use of Third-Party Content
Lumivara uses content from third parties (such as OpenAI, Wikimedia, and YouTube) under their specific license conditions. Users acknowledge that such content is subject to the protection of the respective copyrights and their use is accordingly regulated.
10.2 Handling of User Content
Users grant Lumivara the right to use their content created on the platform as part of the service. The privacy and confidentiality of this content are handled according to Lumivara's privacy policy.