Terms of Service

1. Introduction

These Terms of Service are a contract between you and Superstar Software Ltd trading as Lumera. By creating an account, starting a trial, using Lumera, opening or sharing a private gallery link, or continuing to use Lumera after these Terms change, you agree to these Terms.

Lumera is built for a simple promise: upload photos and videos, clean up supported photos, and share a private gallery link. These Terms explain what we provide, what you are responsible for, and the limits that apply to a private gallery service.

When we say "Lumera", "we", "us", or "our", we mean Superstar Software Ltd trading as Lumera and the Lumera service. When we say "you" or "your", we mean the account owner, organisation, or other person using Lumera.

2. Who May Use LUMERA

Lumera is intended for people and organisations who can legally enter into these Terms and use the service for lawful business, professional, organisational, or client-sharing purposes.

You must not create an owner account if you are prohibited from using Lumera by law, if we have previously suspended or terminated your account for serious misuse, or if you are creating the account for a person or organisation without authority.

Viewer links do not require accounts. A gallery viewer may access a private gallery only through the link and any password or access settings chosen by the account owner.

3. Business Use, Authority, And Consumer Law

Lumera is designed primarily for business or professional use: uploading photos and videos, making simple non-destructive photo edits, processing videos for viewing, and sharing private gallery links with clients, teams, friends, or family. If you create an account for an organisation, you confirm that you have authority to bind that organisation.

If you are acquiring Lumera in trade, and both you and Lumera are in trade, you agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 and sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply where it is fair and reasonable for them not to apply.

Nothing in these Terms limits rights, remedies, guarantees, or obligations that cannot legally be excluded. If you are using Lumera as a consumer and applicable consumer law cannot be contracted out of, those mandatory protections continue to apply.

4. Accounts And Security

Owner accounts are required to manage galleries, uploads, billing, downloads, themes, branding, and other account settings. You must provide accurate account and billing information and keep it up to date.

You are responsible for keeping your account, password, email account, devices, private gallery links, and gallery passwords secure. You must tell us promptly if you believe your account or a private gallery link has been compromised.

You are responsible for activity under your account unless the activity was caused by our breach of these Terms or by a security failure within Lumera that was within our reasonable control. We may require password resets, session resets, or other security steps where we reasonably believe they are needed.

5. Plans, Trials, Billing, Taxes, And Cancellation

Lumera is a paid service with no free plan. New owner accounts start with a 14-day trial through Stripe Checkout. Unless you cancel before the trial ends, the selected subscription will renew and Stripe will charge your payment method.

Checkout and billing screens should identify the plan price, trial length, renewal timing, and cancellation path before you confirm payment. We may send renewal or billing reminders where required by law or where we choose to do so operationally.

Current launch pricing is Lumera Pro at USD $39 per month and Lumera Business at USD $99 per month unless we state otherwise at checkout. Business seat billing is not offered unless it is enabled and clearly disclosed at checkout.

Prices exclude taxes unless stated otherwise. You are responsible for applicable taxes, card fees, bank charges, and currency conversion costs. We may suspend or restrict access if payment fails and remains unresolved after reasonable notice.

Subscription fees are non-refundable for partial billing periods unless required by law or we expressly agree otherwise. You can cancel from billing settings or by contacting hello@lumeragallery.com.

6. Customer Content And Permissions

"Customer Content" means photos, videos, gallery names, client names, logos, notes, metadata, uploaded files, and anything else you or your users add to Lumera. You keep ownership of your Customer Content.

You give us the limited permission we need to host, store, process, resize, display, back up, transmit, and otherwise operate Lumera for you. This includes creating previews, edited versions, ZIP downloads, thumbnails, and private gallery pages.

You promise that you have all rights, releases, consents, and permissions needed to upload, edit, store, process, and share your Customer Content through Lumera. You are responsible for privacy permissions from people shown in photos or videos and for any client, employment, venue, brand, copyright, or industry rules that apply to your galleries.

We do not claim ownership of your Customer Content. We may use technical metadata, account usage information, and de-identified or aggregated information to operate, secure, support, and improve Lumera as described in our Privacy Policy.

8. Storage, Backups, Retention, And Deletion

Lumera preserves originals inside the product, but Lumera is not a backup or archival service. You must keep your own copies of important files and business records.

Plan limits, storage limits, processing limits, file-type restrictions, fair-use controls, and security controls may apply. We may throttle, restrict, suspend, or require an upgrade for abnormal, excessive, automated, abusive, insecure, or harmful use.

If you cancel, fail to pay, or terminate your account, we may restrict access and delete Customer Content after a reasonable retention period unless we are legally required to keep it longer. Deleted content may remain in encrypted backups for a limited period before routine deletion.

9. Editing, Processing, And AI-Assisted Features

Lumera preserves originals and applies edits non-destructively where the product supports editing. Edited outputs, previews, AI-assisted results, ZIP files, thumbnails, and generated variants are new versions or results, not replacements for the originals.

Editing, processing, and AI-assisted tools may be delayed, unavailable, inaccurate, incomplete, or unsuitable. You must review outputs before client, advertising, legal, professional, operational, or public use.

When AI-assisted tools are available, they may produce unexpected results. Lumera does not provide professional retouching, legal, advertising, archival, privacy, tax, accessibility, or compliance advice.

10. Acceptable Use

You must not upload, create, edit, process, share, or encourage content or activity that is unlawful, harmful, exploitative, non-consensual, invasive, defamatory, fraudulent, infringing, malicious, deceptive, abusive, or intended to harass, threaten, shame, or harm another person.

You must not use Lumera to distribute malware, scrape or probe the service, bypass limits, interfere with security controls, overload infrastructure, resell access without permission, impersonate others, violate privacy rights, infringe intellectual property, or breach payment processor, hosting provider, storage provider, email provider, or other third-party rules.

You must not upload sexual images of minors, non-consensual intimate images, exploitative material, or content that promotes abuse, self-harm, terrorism, or serious violence. We may report serious misuse to appropriate providers, payment processors, law enforcement, regulators, or affected people where required or appropriate.

11. Suspension, Takedown, And Termination

We may suspend or terminate access immediately where we reasonably believe there is unlawful content, security risk, payment abuse, infringement, misuse of private links, harm to Lumera or others, or a serious breach of these Terms. Where practical and appropriate, we will give notice and a chance to fix the issue.

We may remove or restrict content that appears to breach these Terms, another person's rights, provider rules, or applicable law. We may preserve and disclose information where required by law, court order, payment processor rules, provider rules, or to protect Lumera, users, viewers, or the public.

You may cancel your subscription at any time. Cancellation stops future renewal charges but does not automatically refund prior charges, erase legal obligations, or remove content that we must retain for billing, security, backup, compliance, dispute, or legal reasons.

12. Intellectual Property

We own Lumera, including the software, interface, product design, workflows, branding, documentation, and service improvements. You may not copy, reverse engineer, scrape, resell, or interfere with Lumera except as allowed by law.

If you send feedback or suggestions, you allow us to use them without restriction or payment, but you keep ownership of your underlying Customer Content.

13. Privacy, Overseas Processing, And Subprocessors

Our Privacy Policy explains how we collect, use, store, disclose, and protect personal information. Lumera may be accessed worldwide and may be hosted, routed, processed, supported, or backed up using providers and infrastructure outside New Zealand.

We may use subprocessors and providers for hosting, object storage, billing, payments, email, monitoring, analytics, support, security, backups, and other operational needs. These may include Fly.io, Stripe, storage providers, email providers, monitoring providers, support tools, and professional advisers.

You are responsible for any privacy notices, consents, client instructions, records, data-processing terms, or industry obligations that apply to your Customer Content and gallery recipients.

14. Service Availability And Changes

We work to keep Lumera reliable, but we do not guarantee uninterrupted, error-free, or loss-free operation. Maintenance, updates, incidents, provider outages, internet failures, email delivery issues, payment processor issues, storage issues, and emergency security work may affect the service.

We may change Lumera over time, including features, limits, providers, security controls, file handling, processing behavior, plan packaging, and pricing for future periods. If we make a material change that significantly reduces core paid functionality, we will use reasonable efforts to notify affected customers.

15. Disclaimers

To the maximum extent permitted by law, Lumera is provided "as is" and "as available". We exclude implied warranties, guarantees, and conditions except those that cannot legally be excluded.

We do not guarantee that uploads, edits, previews, AI-assisted outputs, analytics, download counts, email delivery, gallery access, processing priority, storage provider behavior, or third-party integrations will be accurate, continuous, complete, suitable, or available for every file, viewer, device, browser, network, or business need.

Lumera is not a sole backup system, archive, professional retouching service, legal adviser, compliance adviser, tax adviser, privacy officer, or substitute for your own client, business, and records processes.

16. Liability Limit

To the maximum extent permitted by law, we are not liable for indirect, consequential, special, exemplary, or punitive loss, loss of profit, loss of revenue, loss of goodwill, loss of clients, business interruption, loss of data, cost of substitute services, or claims arising from your Customer Content, gallery recipients, or third-party providers.

To the maximum extent permitted by law, our total aggregate liability for all claims connected with Lumera is limited to the greater of NZD $100 or the fees you paid to Lumera for the affected service in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes liability for fraud, wilful misconduct, or liability that cannot legally be excluded.

17. Customer Indemnity

You indemnify Lumera, our owners, employees, contractors, and providers from claims, losses, damages, liabilities, costs, and expenses arising from your Customer Content, your breach of these Terms, your misuse of Lumera, your sharing of gallery links, your infringement of rights, your privacy-law breach, or disputes between you and your clients or gallery viewers.

18. Notices

We may send notices by email to the address on your account, through Lumera, through billing settings, or by posting an update on our website. You are responsible for keeping your account email current and checking messages about billing, security, privacy, product changes, and legal terms.

Notices to Lumera should be sent to hello@lumeragallery.com unless we provide another specific notice method for the issue.

19. Changes To These Terms

We may update these Terms as Lumera, our providers, our plans, or the law changes. If a change is material, we will use reasonable efforts to notify account owners before or when the change takes effect.

If you continue to use Lumera after updated Terms take effect, you accept the updated Terms. If you do not agree to updated Terms, you must stop using Lumera and cancel your subscription before the updated Terms apply to you.

20. Governing Law And Disputes

These Terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction, which means we may also seek urgent or protective relief in another country where needed to protect Lumera, our systems, intellectual property, confidential information, customers, or the public.

Before starting formal proceedings, you agree to contact us at hello@lumeragallery.com so we can try to resolve the issue quickly and fairly.

21. Contact

Questions about these Terms can be sent to hello@lumeragallery.com.