1.1 Company Definition and Registered Office
These Terms and Conditions (hereinafter “Terms”) 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 associated services.
1.2 Scope
The Terms apply to all services that Lumivara offers 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 Changes to the Terms
Lumivara reserves the right to change or supplement these Terms at any time. Changes will be communicated to Users in a timely manner and are deemed accepted if the User continues to use the services after the changes take effect.
2.1 Services and Products
Lumivara offers a comprehensive web-based learning platform accessible via several 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 Features of the Offering
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 User’s needs.
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 Offering
The platform initially offers 10 requests completely free of charge. Thereafter, Users can take advantage of a free trial period lasting 168 hours (7 days × 24 hours) from the time of contract conclusion (date + time). This trial period therefore ends automatically after exactly 168 hours from conclusion, unless a cancellation is received no later than before the end of this period. If no timely cancellation is made, the trial period automatically converts into a paid subscription.
3.1 Minimum Age and Eligibility
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 have the necessary legal capacity or have obtained the consent of a parent or legal guardian.
3.2 User Registration
Registration is required for full use of the services. The User undertakes to provide truthful, current and complete information about themselves during registration and to update it immediately in case of 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 may only be for the intended functionalities and for lawful purposes. Any form of abuse, such as distributing illegal content, carrying out hacking activities or creating multiple accounts to circumvent usage restrictions, will result in immediate termination of the user relationship.
4.1 Commencement of the 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 Terms and the Privacy Policy.
4.2 Free Trial Period
After registration, the User initially receives 10 requests completely free of charge. Subsequently, the User receives a free trial period of 168 hours from the exact moment of contract conclusion (date and time). The User expressly agrees that Lumivara begins providing the digital content before the expiry of the statutory right of withdrawal and also acknowledges that they thereby lose their right of withdrawal. The trial period ends exactly 168 hours after contract conclusion unless the User cancels in writing or electronically no later than before the end of this 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 Conversion to a Paid Subscription
If the User does not cancel their membership within the 7-day trial period, a monthly subscription is automatically initiated at the currently valid rates. Billing is done monthly in advance. The User will be clearly and understandably informed at the end of the trial period and by reminder email that the trial period will automatically convert into a paid subscription if no timely cancellation is made.
4.4 Term and Termination
The contract is concluded for an indefinite period and can be terminated by either party at any time. The conditions for termination are set out in the relevant sections of the Terms.
5.1 Pricing Structure
The Lumivara subscription costs €7.99 per month / €74.99 per year including VAT. This price applies after the expiry of the 7-day free trial period unless the subscription is 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, bank 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 processed securely 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
Subscription billing is done monthly in advance. The User receives an invoice with detailed information on the fees. Payment deadlines and conditions for late payments are clearly communicated.
6.1 Right of Cancellation
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 Cancellation Procedure
To cancel the subscription, Users must log in to their account and select the appropriate options in the dashboard or in the subscription settings. For cancellation by email, the User should provide their name and the registered email address to expedite the process.
6.3 Timely Cancellation of the Trial Period
Cancellation of the free trial period must be received by Lumivara no later than at the end of the 168‑hour period from contract conclusion. The decisive factor is the time of receipt in our system (date and time). A cancellation after this period will be considered late and will result in automatic conversion to the paid subscription.
6.4 Effect of Cancellation
Cancellation takes effect immediately once it has been processed by Lumivara. Users have access to the services until the end of the already paid billing period.
6.5 Refunds
Refunds are made exclusively within the framework of statutory requirements as prescribed in Austria and the EU. Lumivara grants refunds only when legally mandatory. For partially used billing periods, refunds are generally not provided unless required by mandatory statutory provisions. Users are advised that each refund request will be reviewed on a case-by-case basis 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 Section 18 para. 1 item 11 FAGG if the User has expressly agreed to immediate performance 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 nature, scope and purpose of data collection and processing by Lumivara are set out in the privacy policy, which can be accessed at Lumivara.at/legal/privacy.
7.3 Collaboration with Third-Party Providers
Lumivara collaborates with various third-party providers, 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 out of or in connection with the use of 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 foreseeable damage.
8.4 Warranty Exclusions
Lumivara excludes any warranty for uninterrupted availability of the services and for technical errors that are beyond Lumivara’s control.
9.1 Right to Change
Lumivara reserves the right to make changes to its services, including functionalities, features and terms of use, at any time. This may be due to technological developments, changes in legal frameworks, or to improve the user experience.
9.2 Notification of Changes
Lumivara undertakes to inform its Users of material changes in an appropriate manner and in a timely manner. Communication of such changes is made via the contact methods provided 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 licensing terms. Users acknowledge that such content is subject to the protection of the respective copyrights and that 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 within the scope of the service. The privacy and confidentiality of such content are handled in accordance with Lumivara’s privacy policy.