Terms of Service

Welcome to Lumen Landmark. These Terms of Service ("Terms") form a binding legal contract between you ("you," "your," or "User") and Adrien Vandekerckhove (trading as Lumen Landmark), located at Boulevard Sainctelette 39, 7000 Mons, Belgium ("we," "us," "our," or "Lumen Landmark").

We provide a mobile application and platform (the "App" or "Services") that functions as a hybrid generative AI tool and content organization system. The App allows you to generate visual content ("Creations") and organize them into collections ("Maps") as persistent items ("Landmarks").

1. Engagement and Term

1.1 Eligibility

You must be at least 13 years old (or the minimum legal age required to provide consent for the processing of personal data in your country) to use Lumen Landmark. If you are under 18, you represent that you have obtained the consent of your parent or legal guardian to use our App and that they have reviewed and agreed to these Terms on your behalf.

1.2 Duration

These Terms apply from the moment you download or access the App until your Account is terminated by you or us in accordance with Clause 15.

1.3 Variations to Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. We will notify you of material changes via an in-app notification or email. By continuing to use Lumen Landmark after the changes become effective, you agree to the revised Terms.

2. Our Services

2.1 The Hybrid Platform

Lumen Landmark is a dual-purpose platform consisting of:

• (a) The Generator: A tool leveraging generative AI models to create images and videos based on your text prompts or inputs; and
• (b) The Organizer: A system allowing you to curate, save, and index these outputs into collections known as "Maps."

2.2 Service Availability

We grant you a limited, non-exclusive, revocable right to use our Services. We may add, change, or remove features (such as specific AI models or organizing tools) at any time.

2.3 "No Upload" Policy (Closed Ecosystem)

You acknowledge that Lumen Landmark is a closed generative ecosystem. Unlike traditional social platforms, you strictly cannot upload external images, videos, or files from your device to the App. All visual content existing on the Platform must be generated strictly through our internal AI tools or saved from other users within the Platform.

2.4 Third-Parties and AI Models

Our Services rely on artificial intelligence models and cloud providers to generate content. We do not guarantee that these models will be available 100% of the time, nor do we guarantee the uniqueness of the content they generate.

3. Account

3.1 Registration

To access the generative features and save Landmarks, you must register for an account ("Account"). You agree to provide accurate, current, and complete information during registration.

3.2 Security

You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that occur under your Account, including the expenditure of Lumen and the content generated or saved. You must notify us immediately of any unauthorized use of your Account.

4. Subscriptions, Payments, and Lumen Energy

4.1 Subscription Plans

Access to the generation features of the Service requires a paid subscription ("Subscription"). We offer different tiers (e.g., Pioneer, Worldbuilder), each with specific pricing, features, and monthly Lumen allocations ("Refill") as described on our Pricing Page.

• (a) Billing: Subscriptions are billed in advance on a monthly basis via your respective App Store (Apple or Google).
• (b) Renewal: Your Subscription automatically renews at the end of each billing cycle unless you cancel it at least 24 hours before the end of the current period.

4.2 Free Trial

We may offer a limited Free Trial to new users that gives similar access as our subscription plans.

• (a) Allocation: You will be credited with a proportional amount of Lumen to test the generation tools. The details of the offer will be shown in the application.
• (b) Conversion or Expiry: If you subscribe, your full monthly Refill and Capacity unlock. If you do not subscribe, your account reverts to the Free plan, and any remaining trial Lumen will be subject to the "Frozen Status" rules (see Clause 4.4).

4.3 Lumen Credits and The "Capacity" System

"Lumen" are virtual credits that serve as a license to generate content. They have no monetary value and cannot be redeemed for cash.

• (a) Rollover: Unused Lumen roll over to the next month automatically. However, this rollover is strictly limited by your Plan Capacity.
• (b) Maximum Capacity (The "Cap"): Each Subscription tier has a Maximum Capacity that limits the total amount of Lumen you can accumulate. These values are shown on the Pricing Page.
• (c) Cap Enforcement: When your monthly Refill is issued, your total Lumen balance cannot exceed your Plan Capacity. Any Lumen that would cause your balance to exceed this Capacity will be forfeited immediately. (Example: If your Capacity is 600 and you have 400 Lumen, a Refill of 300 will only add 200 Lumen to reach the 600 Cap.)

4.4 Plan Changes and "Frozen" Lumen

• (a) Upgrades: If you upgrade, your Capacity increases immediately. You will receive the new Refill amount at your next renewal (or pro-rated immediately depending on App Store logic).
• (b) Downgrades (Paid): If you downgrade to a lower paid tier, your Capacity decreases to match the new plan. You retain your existing Lumen even if they exceed the new Capacity, but you will not receive new Refills until your balance drops below the new Capacity.
• (c) Downgrade to Free (Frozen Status): If you switch to the Free plan or cancel your Subscription, you lose access to generation features. Your remaining Lumen are Frozen. You cannot use them to generate content, but they are not deleted. To unlock them, you must resubscribe to a paid plan.

4.5 Refunds

All purchases are final. Because our Services involve the immediate delivery of digital goods, we do not offer refunds for Subscriptions or Lumen packs once processed, except as required by applicable law or App Store policies.

5. Platform License & Acceptable Use Policy

5.1 License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use Lumen Landmark on your mobile device.

5.2 Prohibited Conduct

You agree not to (and not to permit any third party to):

• (a) Reverse Engineer: Attempt to derive the source code, algorithms, or underlying AI models of the App;
• (b) Scrape: Use automated bots or scrapers to access the App, collect User Content, or accumulate Lumen;
• (c) Bypass Limits: Attempt to circumvent the "Lumen" credit system or any generation limits;
• (d) Infringe Rights: Use the App to violate the intellectual property, privacy, or other rights of any third party.

5.3 Acceptable Use Policy (Safety Guidelines)

To ensure Lumen Landmark remains a safe discovery platform for everyone, you strictly agree NOT to use the Service to generate (including creating "Edits" from existing content), organize, or share content that falls into the following categories. We reserve the right to ban users immediately for these violations:

• (a) Sexually Explicit Content (NSFW): Nudity, pornography, sexual acts, or non-consensual sexual content.
• (b) Child Exploitation (CSAM): Any depiction of minors in a sexual, suggestive, or exploitative context. Violations will be reported to relevant authorities.
• (c) Violence, Gore & Cruelty: Realistic depictions of extreme violence, self-harm, suicide, torture, or cruelty to humans or animals.
• (d) Hate Speech & Harassment: Content that promotes violence, discrimination, or hostility against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
• (e) Real Person Depiction: Content that reproduces the likeness of real individuals (public figures or private citizens) for the purpose of deception or defamation (Deepfakes).
• (f) Shocking or Disturbing Content: Content intended solely to disgust, shock, or disturb others.
• (g) Illegal Acts: Content promoting illegal drugs, weapons trafficking, terrorism, or other criminal activities.
• (h) Intellectual Property Infringement: Content that intentionally appropriates the visual identity, logos, or trademarks of existing brands or copyrighted characters.

5.4 Moderation & Enforcement

We reserve the right (but have no obligation) to monitor Generated Content. If we determine, in our sole discretion, that you have violated Clause 5.3:

• (a) We may remove the offending Landmarks or Maps immediately;
• (b) We may suspend or ban your Account;
• (c) You will forfeit any remaining Lumen in your wallet without refund.

Users may report violations of this Policy directly within the App via the reporting functionality visible on creations.

5.5 Automated Content Moderation & Lumen Consumption

To ensure the safety of the Platform, we employ automated AI detection algorithms ("Filters") to analyze both your text prompts and the resulting visual outputs. You acknowledge that these Filters are not infallible and may result in false positives or false negatives.

• (a) Prompt Analysis (Pre-Generation): We analyze prompts before sending them to the generation model. If a prompt is flagged as prohibited before generation begins, the process will be blocked, and no Lumen will be deducted from your balance.
• (b) Image Analysis (Post-Generation): If a prompt passes the initial check but the resulting generated image is subsequently flagged by our visual safety Filters:
  • (i) The image will be automatically blocked or removed; and
  • (ii) The Lumen cost for that generation will remain deducted and will not be refunded.

You acknowledge that this policy is necessary to cover the computing resources (GPU time) consumed by your request to generate the content, regardless of the visibility of the final output.

6. Availability, Disruption, and Downtime

6.1 "As Is" Service

We strive to keep Lumen Landmark running smoothly, but our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee that the App will be available 100% of the time.

6.2 Third-Party Dependencies

Our generation tools rely on third-party cloud GPUs and AI providers. We are not liable for disruptions, latency, or failures caused by these third-party providers.

6.3 Maintenance

We may temporarily suspend access to the App for maintenance or updates. We will endeavor to provide notice where possible, but this may not always be feasible in emergencies.

7. Disclaimer Regarding Generative AI

7.1 Accuracy and Reliability

You acknowledge that the artificial intelligence models used by Lumen Landmark may produce content ("Hallucinations") that is factually incorrect, nonsensical, or physically impossible. You are solely responsible for evaluating the accuracy of any content before using it.

7.2 Non-Uniqueness of Generations

Due to the probabilistic nature of generative AI, different users providing similar prompts may receive similar or identical outputs. You acknowledge that your ownership rights (defined in Section 8) do not prevent other users from generating similar content independently.

8. Content, Ownership & Licenses

8.1 Definitions

• "Creations": The raw image outputs generated by the AI within the App.
• "Landmarks": Creations that have been saved and indexed into a Map.
• "Maps": The collections used to organize Creations.

8.2 Ownership of Content

As between you and Lumen Landmark, you own the Intellectual Property Rights in the specific Creations you generate using the App, subject to your compliance with these Terms and the license grants below.

8.3 Commercial vs. Personal Use Rights

Your rights to use your owned Creations are determined by your Subscription status at the specific moment the Content was generated.

• (a) Paid Subscribers (Pioneer, Worldbuilder): You are granted full Commercial Rights. You may use, sell, license, and distribute Creations generated while on an active Paid Subscription for commercial purposes. (Note: If you later downgrade to the Free tier, you retain these commercial rights for the specific images generated while you were a Paid Subscriber.)
• (b) Free Trial Users: Content generated during a Free Trial is subject to a Personal Use License only. You may not use Creations generated during a trial period for any commercial purpose. However, if you convert to a Paid Subscription at the end of your trial, your rights to those specific Creations are retroactively upgraded to Commercial Rights.

8.4 Your License to Lumen Landmark

To operate the App and the "Social/Discovery" features, we need specific permissions from you.

• (a) Private Maps: For content stored in Maps marked as "Private," you grant us a license to store and process the content solely for the purpose of providing the Service to you.
• (b) Public Maps: By saving a Creation to a "Public Map," you grant Lumen Landmark a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, display, reproduce, distribute, and promote that Landmark within the App (e.g., in the "Feed" or "Discovery" sections) and in our marketing materials (e.g., app store screenshots, social media ads).

8.5 The "Community" License (Other Users)

Lumen Landmark is designed for inspiration and iteration. If you place a Landmark in a Public Map:

• (a) View & Save: You grant other users the right to view your Landmark and save it to their own Maps.
• (b) The "Edit" Feature: You grant other users the right to use your Landmark as an input (e.g., image-to-image or prompt copying) to generate new, derivative Creations ("Edits"). You acknowledge that you will not own the copyright to these new Edits generated by other users.
• (c) Restrictions on Edits: The right to create Edits is strictly conditional upon compliance with our safety standards. You are expressly prohibited from using the Edit feature to transform safe, non-offending content into prohibited content. (For example, you may not use a safe portrait of a person as a source to generate an NSFW or violent variation). Any such use is a material breach of these Terms and will result in immediate account termination.

8.6 Safe Harbor

You are solely responsible for the content you generate. Lumen Landmark acts as a passive conduit for the storage and generation of content. We do not endorse or assume liability for any User Content.

9. Intellectual Property

9.1 Our IP

Unless otherwise indicated, we own or license all rights, title, and interest in and to the App, including the "Lumen Landmark" brand, the "Map/Landmark" organizational logic, the source code, visual design, and the database structure ("Lumen IP").

9.2 Restrictions

You agree not to copy, modify, or create derivative works based on our App’s interface or underlying code. "Lumen Landmark," the logo, and other marks are our trademarks; you may not use them without our prior written permission.

9.3 Feedback

If you provide us with ideas, suggestions, or feedback regarding the App, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use and incorporate such feedback into our Services without compensation to you.

10. Copyright Claims (DMCA & Takedown Policy)

10.1 Reporting Infringement

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), the European Directive on Copyright in the Digital Single Market, and other applicable laws, we will respond promptly to claims of copyright infringement committed using the Lumen Landmark Service. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged infringements taking place on or through the App by sending a notice ("Notice") to our designated Copyright Agent at: legal@lumenlandmark.com.

10.2 Notice Requirements

Your Notice must include the following:

• (a) Identification of the copyrighted work that you claim has been infringed.
• (b) Identification of the material that is claimed to be infringing (specifically, the "Share Link" or a screenshot of the specific Landmark/Map) and information reasonably sufficient to permit us to locate the material.
• (c) Your contact information, including your address, telephone number, and an email address.
• (d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• (e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

10.3 Response & Termination

Upon receipt of a valid Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the App. We maintain a strict "Repeat Infringer" policy and will permanently terminate the Accounts of users who are repeatedly charged with infringing copyrights.

11. Confidentiality and Data Protection

11.1 Privacy

Your privacy is important to us. Our collection and use of your personal information are governed by our Privacy Policy (available at Privacy ). By using the App, you consent to the processing of your data as described therein.

11.2 Public Data

You acknowledge that any content you place in a Public Map becomes publicly accessible information. We are not responsible for how other users or third parties use data that you voluntarily make public.

12. Consumer Law Rights

12.1 Right of Withdrawal (Digital Content)

If you are a consumer located in the European Union, you typically have a right to withdraw from a contract within 14 days. However, by purchasing Lumen or a Subscription, you expressly request the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the digital content (Lumen) is supplied or the Subscription becomes active.

12.2 Legal Guarantee

Nothing in these Terms excludes or limits any mandatory consumer rights you may have under Belgian law or EU directives regarding the conformity of digital services, which cannot be contractually waived.

13. Limitation of Liability

13.1 Cap on Liability

To the maximum extent permitted by applicable law (and specifically excluding liability for death, personal injury, or gross negligence), our total aggregate liability to you for any claim arising out of or relating to these Terms or the App is limited to:

• (a) The amount you have paid us in Subscription fees in the 12 months preceding the claim;

13.2 Exclusion of Damages

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or service interruption, specifically including any "loss of Lumen" due to Account termination for policy violations.

13.3 Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Lumen Landmark from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation of any third-party right.

14. Mobile App Provisions (App Store & Google Play)

14.1 Apple App Store

If you download the App from the Apple App Store, you acknowledge that:

• (a) These Terms are between you and Lumen Landmark, not Apple.
• (b) Apple has no obligation to provide support or maintenance for the App.
• (c) Apple is a third-party beneficiary of these Terms and has the right to enforce them against you.

14.2 Google Play

If you download the App from Google Play, you agree to comply with the then-current Google Play Terms of Service.

15. Suspension and Termination

15.1 Termination by Us

We may suspend or terminate your Account immediately, without notice or refund, if:

• (a) You violate these Terms (specifically the Acceptable Use Policy in Clause 5);
• (b) You misuse the Lumen system;
• (c) We are required to do so by law.

15.2 Effect of Termination

Upon termination:

• (a) Your license to use the App ends immediately.
• (b) You will lose access to your Maps and Landmarks.
• (c) Any remaining Lumen balance is forfeited and will not be refunded.

16. General

16.1 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to a third party (e.g., in the event of a merger or acquisition) without restriction, provided that your consumer rights are not negatively affected.

16.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will remain in full force.

16.3 Amicable Resolution and Jurisdiction

(a) Amicable Resolution: Before initiating any legal proceedings, you agree to attempt to resolve any dispute amicably by contacting us at legal@lumenlandmark.com. We will have 30 days to attempt to resolve the matter informally.

(b) Jurisdiction: These Terms are governed by the laws of Belgium. If an amicable solution cannot be found, any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of the judicial district of Hainaut (Mons Division), Belgium, without prejudice to any mandatory rights you may have as a consumer under the laws of your country of residence.

16.4 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Lumen Landmark regarding the Service.

17. Definitions

17.1 Defined Terms