Terms of Service

1. Service Description

Lumence is an AI-powered YouTube thumbnail analysis and generation platform. The Service uses machine learning models to analyze uploaded thumbnail images and provide scores, benchmarks, and recommendations. The Service also allows users to generate thumbnail images from text prompts. Usage is credit-based: each thumbnail analysis or generation consumes one or more credits from your account balance.

2. Account Registration and Eligibility

To use the Service you must create an account. You must be at least 13 years old to register. By creating an account, you represent that:

• You are at least 13 years of age (or the age of digital consent in your jurisdiction, if higher).
• All registration information you provide is accurate, current, and complete.
• You will maintain and promptly update your account information to keep it accurate.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

3. Credit System

Access to core features of the Service requires credits. Credits are purchased through our payment processor, Stripe, and are subject to the following terms:

• Consumption: One credit is consumed per thumbnail analysis or generation. Complex operations may consume additional credits as described at the point of use.
• Non-refundable after use: Credits that have been consumed to perform analyses or generations are non-refundable.
• Expiration: Credits expire according to the terms of the plan under which they were purchased. Current expiration terms are displayed on the pricing page and in your account settings. We will provide reasonable notice before credits expire.
• No cash value: Credits have no cash value and are not transferable between accounts.
• Refunds on unused credits: Refund requests for unused credits will be evaluated on a case-by-case basis. Contact legal@lumence.io within 14 days of purchase.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Upload thumbnails or generate content that is sexually explicit (NSFW), violent, hateful, or otherwise illegal.
• Use the Service to infringe the intellectual property rights of any third party.
• Use automated means (bots, scrapers, scripts) to access the Service beyond the limits of any API access we expressly provide.
• Attempt to reverse-engineer, decompile, or extract the underlying ML models.
• Share your account credentials with third parties or use the Service on behalf of others without authorization.
• Upload malicious files or content designed to interfere with the platform.
• Circumvent any security measures or access controls.

Violation of acceptable use policies may result in immediate account termination and forfeiture of remaining credits without refund.

5. Intellectual Property

Your content: You retain all ownership rights to the thumbnail images you upload to the Service. By uploading content, you grant Lumence a limited, non-exclusive, royalty-free license to process your content solely for the purpose of providing the Service to you. We do not claim ownership of your uploaded thumbnails.

Generated content: AI-generated thumbnails created using the Service are provided to you for your use. Lumence does not assert copyright ownership over generated outputs. You are responsible for ensuring that generated content complies with applicable laws and does not infringe third-party rights.

Platform: Lumence retains all rights to the platform itself, including the website, application code, ML models, scoring algorithms, benchmarks, and all related intellectual property. Nothing in these Terms transfers any platform rights to you.

6. Data Processing

When you upload a thumbnail, it is transmitted to our ML pipeline for analysis. Processed thumbnails are stored securely in our cloud infrastructure for up to 90 days after upload, after which they may be deleted. Analysis results are retained for the lifetime of your account.

We will not use your uploaded thumbnails to train or fine-tune our machine learning models without your explicit, opt-in consent. Our Privacy Policy describes our data handling practices in full.

7. Limitation of Liability

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. Lumence does not warrant that analysis scores will accurately predict click-through rates or engagement outcomes. Scores and recommendations are probabilistic outputs of ML models and are provided for informational purposes only.

To the maximum extent permitted by applicable law, Lumence and its affiliates, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising from or relating to the Service will not exceed the total amount you paid to Lumence in the 12 months preceding the claim.

8. Termination

You may terminate your account at any time through the Settings page. Upon termination, your access to the Service will cease and your data will be deleted in accordance with our Privacy Policy.

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination for cause, unused credits are forfeited and are not refundable.

9. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

10. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration or in courts of competent jurisdiction, as required by applicable law.

11. Contact

If you have questions about these Terms, please contact us at legal@lumence.io.