Terms of Service

Before you use Lumina (as defined below), Shanghai Qianjing Technology Co., Ltd. advises you to carefully read and make sure you understand the provisions of this Lumina Service Agreement (the "Agreement"), especially those sections that are underlined and in bold, which might exclude or limit the liabilities of Shanghai Qianjing Technology Co., Ltd. or highlight your obligations. If you are under 18, you must have permission from your legal guardian before you are permitted to use Lumina. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Lumina immediately.

1. Scope of this Agreement

This Agreement is made between you and Shanghai Qianjing Technology Co., Ltd. ("Shanghai Qianjing Technology Co., Ltd.", "we", "us" or "our") for your use of Lumina. This Agreement incorporates the Privacy Policy. We may update this Agreement from time to time at its sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must not use or must immediately cease your use of Lumina. Because Lumina is evolving over time, we may change or discontinue all or any part of Lumina at any time and without notice, at our sole and absolute discretion. If you continue to use Lumina after we have posted an updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement.

"Lumina" is a software product developed, operated and managed by Shanghai Qianjing Technology Co., Ltd. Under this Agreement, "Lumina" refers to the Lumina mobile applications (the "App"), any website set up by Shanghai Qianjing Technology Co., Ltd. for Lumina, and other services provided by Shanghai Qianjing Technology Co., Ltd. as part of the App and/or the website.

2. Protection of User Information and Personal Information

It is a fundamental principle of Shanghai Qianjing Technology Co., Ltd. to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please do not use or cease using Lumina immediately and you may contact us via service@brmb.com.

3. Non-commercial Use of Lumina

You agree to use Lumina in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos and other content for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without the prior written consent of Shanghai Qianjing Technology Co., Ltd.

4. Your Use of Lumina

You shall be fully responsible for your use of Lumina and for your User Content (as defined below). You shall not produce, store or post any of the following information via Lumina:

1. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
2. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
3. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, ID number, telephone number or email address;
4. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
5. information that violates the terms of this Agreement, laws, rules, regulations, policies, and information that disturbs Shanghai Qianjing Technology Co., Ltd.'s normal operation;
6. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
7. information that helps or encourages others to do any of the above; or
8. information that is otherwise deemed inappropriate by us.

Although we are not obligated to monitor access to or use of Lumina or to review or edit any User Content, we have the right to do so for the purpose of operating Lumina, to ensure compliance with this Agreement and to comply with applicable law or other legal and regulatory requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole and absolute discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conducts that affect the operation of Lumina.

If you violate this Agreement, you agree that Shanghai Qianjing Technology Co., Ltd. may, at its sole and absolute discretion or as required by applicable laws, rules, regulations and policies, and without notice to you, take any action deemed appropriate by Shanghai Qianjing Technology Co., Ltd., including, without limitation: (i) suspending or terminating your access to and use of Lumina; (ii) ceasing to provide you with any services related to Lumina; and (iii) taking measures to restrict your access to your account.

Also, in the event that you encounter any inappropriate content generated by Lumina on any online platform, we encourage you to reach out to us using the contact information provided in Section 9 to report such instances. We will take appropriate actions to address the issue promptly.

5. Paid Services

Lumina offers subscription services, in-app purchases, and virtual goods (collectively, "Paid Services"). By purchasing or using any Paid Services, you agree to the terms set out in this Section.

Virtual Goods

Lumina may offer virtual goods, including but not limited to premium features, filters, and other digital content ("Virtual Goods"). Virtual Goods are non-transferable and may not be sold, gifted, traded, or otherwise transferred to any other user or account. Virtual Goods purchased through one app store (e.g., Apple App Store or Google Play Store) cannot be recognized or used in copies of Lumina downloaded from a different app store.

Subscriptions and Auto-Renewal

Lumina may offer subscription plans that automatically renew at the end of each subscription period. By subscribing, you authorize us (or the applicable app store) to charge your payment method on a recurring basis at the then-current subscription price. To avoid being charged for the next subscription period, you must cancel your subscription at least 24 hours before the current period ends. Cancellation takes effect at the end of the current billing period; you will continue to have access to your subscription until that time.

No Refunds

All payments for Paid Services are final and non-refundable, except as required by applicable law or as expressly set out in this Agreement. We do not provide refunds or credits for any partial subscription periods or unused Virtual Goods.

Price Changes

We reserve the right to change the price of Paid Services at any time. If we change the subscription price, we will notify you in advance and give you the opportunity to cancel before the new price takes effect. Your continued use of the subscription after the price change constitutes your acceptance of the new price.

App Store Terms

Purchases made through third-party app stores (such as Apple App Store or Google Play Store) are subject to that store's payment terms and conditions. We have no control over, and are not responsible for, the billing, refund, and subscription management policies of third-party app stores.

6. Content Ownership and License

Definitions

For purposes of this Agreement: (i) "Content" means text, photos, images, graphs, and other information, materials or content, works of authorship of any kind, and information or other materials that are generated, provided or otherwise made available through Lumina; (ii) "Company Content" means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Lumina (including you) through Lumina by Shanghai Qianjing Technology Co., Ltd., including, without limitation, product features built into Lumina such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates; and (iii) "User Content" means any Content uploaded or provided by users of Lumina and to be made available through Lumina, but excluding any Company Content (or derivatives thereof).

Content Ownership

Shanghai Qianjing Technology Co., Ltd. does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Company Content and all associated intellectual property rights. You acknowledge that Lumina and the Company Content are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Lumina or Company Content. For greater certainty, if you incorporate any Company Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights, title and ownership to the Company Content and any derivatives thereof.

Your Responsibility for your User Content

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Lumina, nor any use of your User Content by Shanghai Qianjing Technology Co., Ltd. on or through Lumina will infringe, misappropriate or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.

User Content storage and sharing

Lumina is a photo-editing application and does not provide any backup services. You agree that you will not rely on the Services for the purposes of User Content backup or storage. To the maximum extent permitted under applicable laws, we will not be liable to you for any modification, suspension or discontinuation of the Services.

Removal of User Content

You can delete your User Content at any time. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on Lumina or outside of Lumina. In addition, User Content you delete may persist for a limited and short period of time in backup copies. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on your device. Further, where your User Content is publicly available (such as photos you shared to any other third party platforms), you acknowledge that Shanghai Qianjing Technology Co., Ltd. cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and Shanghai Qianjing Technology Co., Ltd. has no responsibility in this regard. You agree to the maximum extent permitted under applicable laws, that you will not have any claims against Shanghai Qianjing Technology Co., Ltd. arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Although we have no obligation to screen, edit or monitor User Content, Shanghai Qianjing Technology Co., Ltd. shall also have the right to delete or remove any User Content in its sole and absolute discretion and without notice to you.

Rights in Content Granted by Shanghai Qianjing Technology Co., Ltd.

Subject to your compliance with this Agreement, Shanghai Qianjing Technology Co., Ltd. grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of Lumina and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without the prior written consent of Shanghai Qianjing Technology Co., Ltd.

7. Generative AI Features

By using Lumina and its AI features, you agree to use such features responsibly and in accordance with this Agreement. You acknowledge and agree that AI-generated content may not always be accurate, appropriate, or free from errors. We are not responsible for any consequences stemming from the use or reliance on such content. Any such use, whether commercial or private, by you is at your risk. We make no representations or warranties of any kind regarding your use of such Content for any purpose.

We do our best to moderate the settings of our AI features; however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at service@brmb.com if you find any of the content to be offensive or inappropriate to you; we will promptly take action.

Without limiting Section 4, when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following:

• Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
• Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
• Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), (c) attempts to override or circumvent safety filters or intentionally drive the Generative AI Features to act in a manner that contravenes these Terms or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and (e) generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others;
• Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition or certain firearms accessories;
• Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status or any other characteristic that is associated with systemic discrimination or marginalization; or
• Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.

Also, in the event that you encounter any inappropriate content generated by Lumina on any online platform, we encourage you to reach out to us using the contact information provided in Section 9 to report such instances. We will take appropriate actions to address the issue promptly.

8. Advertising

Lumina currently does not display advertisements and does not use advertising or ad-tracking SDKs. If we introduce advertising in the future, we will update this Agreement and comply with applicable laws related to the provision of advertisements. Subject to Shanghai Qianjing Technology Co., Ltd.'s compliance with any applicable laws related to the provision of advertisements, we do not select, review or screen advertisements and are not a supplier of any of these products or services. You further acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such advertisements. We make no representations or warranties as to the goods or services of any advertisers, whether express or implied, all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via Lumina to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, we are not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.

9. Feedback and Contact

If you have any questions regarding Lumina or wish to provide feedback (including, but not limited to, suggestions and complaints) to Shanghai Qianjing Technology Co., Ltd., you can contact us via email at service@brmb.com.

Shanghai Qianjing Technology Co., Ltd.

10. License for the App

Subject to your compliance with this Agreement, we grant you a limited royalty-free, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under this Agreement.

11. Indemnity

If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of Lumina or the provision of User Content, including, without limitation, actual or alleged violation of any laws, rules, regulations or other legal rights, or any breach of any term in this Agreement, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

12. Disclaimer

You agree to use Lumina at your own risk. Lumina is provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of Lumina, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of Lumina may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of Lumina or any materials contained therein.

13. Limitation of Liability

To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of Lumina, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lesser of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or 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.

14. Not Responsible for Third Parties

To the maximum extent permitted under applicable laws, we are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Lumina may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources.

15. Force Majeure and Other Grounds for Exemption

Your use of Lumina may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as "Force Majeure Events"). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, Shanghai Qianjing Technology Co., Ltd. shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and Shanghai Qianjing Technology Co., Ltd. shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.

16. Modification, Suspension, and Termination of Lumina

Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of Lumina and/or your access to Lumina at any time, in its sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of Lumina. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3 to 9 and 11 to 19.

17. Notification of Infringement

Shanghai Qianjing Technology Co., Ltd. has the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of Company Content, User Content and other material on the App and the website ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App and the website, please notify us in writing immediately in the form and containing the information prescribed by applicable law ("Infringement Notice"). All Infringement Notices shall be sent by email to service@brmb.com or mail to:

Where Shanghai Qianjing Technology Co., Ltd. removes any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Shanghai Qianjing Technology Co., Ltd. under applicable law which you may have in respect of any Infringing Material appearing on the App and the website prior to such removal. To the maximum extent permitted under applicable laws, you acknowledge and agree that Shanghai Qianjing Technology Co., Ltd. has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third party sites.

18. Governing Law and Dispute Resolution

This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of the People's Republic of China, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and Shanghai Qianjing Technology Co., Ltd. to the jurisdiction of the courts of Shanghai, China. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and Shanghai Qianjing Technology Co., Ltd.

19. Inherent Risks

Inherent Risks

You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content or account.

Acceptance of Risks

You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Lumina's servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. To the maximum extent permitted by applicable laws, we will assume no responsibility for any data loss that is not solely caused by us.

20. Language

This Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controlling.