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1. Introduction

Welcome to Lumifox.
These Terms & Conditions (“Terms”) govern your access to and use of Lumifox’s website, platform, content, tools, and services (collectively, the “Platform”).

By accessing or using Lumifox, you agree to be legally bound by these Terms.
If you do not agree to these Terms, please do not use the Platform.

These Terms apply to all visitors, users, and others who access or use Lumifox.

Effective Date: 4/24/25

If you have questions or need assistance regarding these Terms, you can contact us at:
jasonl@lumifox.net

2. About Lumifox

Lumifox is a self-guided emotional wellness platform designed to support your personal journey of healing, reflection, and growth. Through tools like the Memory Garden, Words Unspoken, The Quiet Guide, Calming Soundscapes, and AI companions such as Lumi, Thistle, Fen, Sora, Kiri, and Wink, Lumifox provides a calm, non-judgmental space for emotional exploration.

Lumifox is not a provider of medical services, therapy, counseling, or emergency support.
Our platform is intended for general emotional support and personal reflection only.

The AI companions available on Lumifox are designed to offer comforting conversation, reflective prompts, and emotional encouragement. However, they are not licensed therapists or healthcare providers, and they do not provide medical advice, therapy, diagnosis, or crisis intervention.

You should always seek the advice of a qualified health professional with any questions you may have regarding a medical condition, mental health concern, or crisis situation.

3. Important Disclaimers

3.1 No Medical or Mental Health Services

Lumifox does not provide medical care, mental health care, therapy, counseling, or crisis intervention services.
The Platform and its AI companions are intended for general emotional support and self-reflection purposes only.

Nothing on Lumifox should be interpreted as medical advice, a diagnosis, or a treatment plan for any mental health condition. If you require mental health services, therapy, diagnosis, crisis intervention, or medical advice, you must seek assistance from a qualified healthcare provider.

If you are experiencing a medical emergency, a mental health crisis, or are having thoughts of harming yourself or others, immediately call or text 988 (the Suicide and Crisis Lifeline) or contact your local emergency services.

3.2 AI Companion Disclaimer

Interactions with Lumifox’s AI companions (including Lumi, Thistle, Fen, Sora, Kiri, Wink and any other AI chatobots) are machine-generated and intended for emotional support and reflection only. These companions are not human, not therapists, and cannot provide clinical advice.

By using the AI companions, you understand and accept that:

  • AI-generated responses may occasionally be inaccurate, incomplete, or inappropriate.
  • AI conversations are not monitored or reviewed by a licensed professional.
  • You are solely responsible for your emotional and practical decisions made during or after interacting with Lumifox or its AI companions.

Lumifox disclaims all liability for any harm, injury, distress, loss, or damages arising from the use of AI companions or any content generated through the Platform.

3.3 Personal Responsibility

By using Lumifox, you acknowledge and agree that:

  • Your emotional well-being is your own responsibility.
  • Lumifox is intended to be a supportive space, but it cannot guarantee any specific outcomes.
  • You are responsible for seeking professional medical, psychological, or emergency support when appropriate.
  • You will use your own judgment when engaging with any materials, reflections, or conversations on the Platform.

4. Eligibility

To access and use Lumifox, you must meet the following eligibility criteria:

  • Age Requirement:
    You must be at least 18 years old to create an account and use the Platform.
    Lumifox is not intended for individuals under the age of 18.
  • Capacity to Agree:
    You must have the legal capacity to enter into a binding agreement under applicable law.
    By using Lumifox, you represent and warrant that you meet this requirement.
  • Prohibited Users:
    If you are barred from receiving services under the laws of your jurisdiction, or if you have previously been banned or suspended from using Lumifox for violating our Terms, you may not access or use the Platform.

5. Accounts and Memberships

5.1 Account Registration

To access certain features of Lumifox, you must create an account.
When registering, you agree to:

  • Provide accurate, current, and complete information.
  • Keep your login credentials secure and confidential.
  • Notify us immediately of any unauthorized access to your account.

You are fully responsible for all activity that occurs under your account.

5.2 Membership Plans and Billing

Lumifox offers membership access through two primary subscription options:

  • Monthly Membership:
    Billed monthly at the current rate disclosed during checkout.
    Your subscription will automatically renew each month unless you cancel before the renewal date.
  • Annual Membership:
    Billed once per year at the current rate disclosed during checkout.
    The annual price reflects a discounted rate compared to monthly billing.

During your active membership, you will have full access to Lumifox’s core features, including the Memory Garden, Words Unspoken, Calming Soundscapes, AI companions, and additional content.

5.3 Free Trial

Lumifox may offer a free trial period to allow new users to experience the Platform.
Terms of the free trial, including duration, will be clearly disclosed at signup.

Important:
Unless you cancel before the end of the trial period, your selected membership plan will automatically begin, and your payment method will be charged.

5.4 Cancellation and Renewal

You may cancel your subscription at any time through your account settings.

  • Monthly Memberships:
    Cancellation will be effective at the end of your current monthly billing cycle.
    You will not receive a refund for partial months.
  • Annual Memberships:
    Cancellation will be effective at the end of your current annual billing cycle.
    No partial refunds will be provided for unused portions of your membership unless otherwise required by law.

Upon cancellation, your account will remain active until the end of the current paid period.

5.5 Payment Methods

You agree to provide a valid payment method at the time of purchase and authorize Lumifox to charge your payment method for recurring subscription fees, including applicable taxes.

If a payment fails or is declined, we may suspend or terminate your access until payment is successfully processed.

5.6 No Refunds

Except where required by applicable law, Lumifox does not offer refunds for:

  • Partial subscription periods
  • Unused content
  • Account inactivity

Please review your plan details carefully before purchasing.

6. Intellectual Property and Content Ownership

6.1 Lumifox Ownership Rights

All content, features, functionality, and tools available through the Lumifox Platform — including but not limited to text, graphics, logos, icons, software, soundscapes, visual designs, AI companion dialogues, and written materials — are the exclusive property of Lumifox (or its licensors) and are protected by copyright, trademark, and other applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Lumifox for your personal, non-commercial use, subject to these Terms.

You may not:

  • Copy, reproduce, distribute, modify, publish, create derivative works from, or exploit any part of the Lumifox Platform without prior written consent.
  • Sell, lease, sublicense, or commercially exploit any part of Lumifox’s content, services, or technology.
  • Reverse engineer, decompile, or attempt to extract the source code of any software used on the Platform.

6.2 User-Generated Content

Lumifox allows users to create and save personal entries such as planted memories, written letters, saved reflections, and other personal submissions (“User Content”).

You retain ownership of your User Content. However, by posting or saving User Content within the Platform, you grant Lumifox a non-exclusive, worldwide, royalty-free license to:

  • Host, store, reproduce, and display your User Content within your private account for your personal use.
  • Use anonymized, aggregated, or de-identified User Content for the purpose of improving Lumifox’s services, features, and AI models.

We will never publicly display, sell, or use your private emotional content (memories, letters, etc.) for marketing without your explicit consent.

You are solely responsible for ensuring that your User Content:

  • Does not infringe on any third-party intellectual property, privacy, or other rights.
  • Does not violate any applicable laws or these Terms.

We reserve the right to remove any User Content that violates these Terms or is deemed inappropriate at our sole discretion.

7. Use of AI Companions

7.1 Purpose of AI Companions

Lumifox offers access to AI companions, including but not limited to Lumi, Thistle, Fen, Sora, Kiri, and Wink, designed to provide emotional support, calming conversation, reflective prompts, and gentle encouragement.

These AI companions are intended to enhance your emotional wellness journey by offering:

  • Mindful conversation
  • Calming prompts and metaphors
  • Reflection exercises
  • Grounding suggestions

They are not intended to diagnose, treat, prevent, or cure any mental or physical health conditions.

7.2 AI Companion Limitations

By using the AI companions, you acknowledge and agree that:

  • AI companions are machine-generated entities and are not humans, therapists, counselors, or healthcare providers.
  • AI companions cannot provide medical, psychological, legal, financial, or professional advice.
  • Responses may occasionally be inaccurate, incomplete, emotionally inappropriate, or unhelpful depending on the nature of the conversation.
  • Conversations with AI companions are not monitored in real time by human staff or licensed professionals.
  • You are solely responsible for evaluating and deciding how you use any responses or prompts generated by the AI companions.

7.3 No Liability for AI Interactions

Lumifox disclaims all liability for:

  • Emotional distress
  • Decisions made based on AI conversations
  • Actions taken or not taken in response to AI-generated content
  • Misinterpretation of AI outputs

Use of the AI companions is entirely at your own discretion and risk.

7.4 No Emergency Use

The AI companions are not equipped to handle emergencies.
Do not rely on AI companions for crisis intervention, urgent emotional support, or medical guidance.

If you are experiencing an emergency or mental health crisis, immediately call or text 988 (Suicide and Crisis Lifeline) or contact your local emergency services.

8. Assumption of Risk

By using the Lumifox Platform, you acknowledge and agree that:

  • Personal Outcomes May Vary:
    Emotional wellness, mindfulness, reflection, and journaling practices are highly personal experiences.
    Individual results and experiences will vary widely. No specific emotional, psychological, mental health, or personal growth outcomes are guaranteed.
  • Mindfulness and Reflection Are Personal Journeys:
    Practices such as reflection, mindfulness, and emotional exploration can sometimes surface difficult emotions, memories, or discomfort.
    Lumifox is designed to be supportive, but it cannot predict or manage individual emotional reactions.
  • Self-Responsibility:
    You are solely responsible for monitoring your emotional well-being during and after your use of the Platform.
    If you experience distress, emotional harm, or mental health deterioration at any time, you agree to seek assistance from a qualified professional.
  • No Medical or Clinical Claims:
    Lumifox does not make any claims that its services, tools, content, or AI companions will diagnose, treat, prevent, or cure any medical, psychological, or psychiatric condition.
  • Use at Your Own Risk:
    You voluntarily assume all risk associated with your use of the Platform, including interactions with AI companions, use of self-guided tools, and any resulting emotional or mental effects.

9. Service Availability and Changes

9.1 Platform Availability

Lumifox strives to provide a reliable, continuous experience.
However, access to the Platform, its tools, content, or features may occasionally be interrupted, restricted, or modified due to:

  • Scheduled maintenance
  • Software updates
  • Technical issues
  • Feature enhancements
  • Security concerns
  • Events beyond our reasonable control (e.g., natural disasters, internet outages)

We make no guarantees that the Platform will be available at all times or without interruption.

9.2 Right to Modify or Discontinue Services

Lumifox reserves the right, at any time and without prior notice, to:

  • Modify, update, or change features, content, and services
  • Suspend or discontinue any part of the Platform temporarily or permanently
  • Implement service limitations, quotas, or restrictions

We are not liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part of it.

9.3 No Compensation for Interruptions

You understand and agree that you are not entitled to any compensation, refund, or credit due to interruptions, suspensions, modifications, or discontinuation of the Platform or its features, except as otherwise required by applicable law.

10. Prohibited Conduct

By accessing or using the Lumifox Platform, you agree that you will not:

  • Harass, threaten, or abuse others, including through hate speech, discrimination, bullying, or targeting based on race, gender, religion, disability, sexual orientation, or any protected status.
  • Use the Platform for any unlawful, harmful, or fraudulent purpose, including activities that violate applicable laws or regulations.
  • Attempt to gain unauthorized access to other users’ accounts, the Lumifox systems, or any private areas of the Platform.
  • Introduce malicious software, such as viruses, trojan horses, worms, or other harmful code.
  • Interfere with, disrupt, or damage the operation of the Platform or the networks connected to it.
  • Use automated systems (bots, scripts, crawlers) to access, scrape, or interact with the Platform without our written permission.
  • Commercially exploit, resell, or distribute Lumifox content, services, or AI outputs without our prior written consent.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Attempt to reverse engineer, decompile, or otherwise attempt to extract the source code of any part of the Platform.
  • Use Lumifox to provide emergency response services, professional counseling, medical advice, or crisis intervention.
  • Upload or post any material that infringes on intellectual property rights, privacy rights, or other rights of third parties.
  • Use the Platform for any purpose that could reasonably cause emotional, psychological, or physical harm to yourself or others.

10.1 Enforcement

Violation of these rules may result in:

  • Immediate suspension or termination of your account
  • Removal of any offending User Content
  • Legal action if necessary

We reserve the right to investigate any violation of these Terms and may involve and cooperate with law enforcement authorities where appropriate.

11. Payment Terms

11.1 Pricing

Prices for Lumifox memberships are displayed on the Platform at the time of purchase.
We reserve the right to modify pricing for any membership plans, products, or services at any time.
Price changes will not affect active subscriptions until the next renewal date, unless otherwise specified.

All prices are listed in U.S. Dollars (USD) unless otherwise stated.

11.2 Billing and Payment

By starting a paid membership, you authorize Lumifox to charge your selected payment method for:

  • The membership plan you selected (monthly or annual)
  • Applicable taxes and fees associated with your use of the Platform

Billing occurs:

  • Monthly Memberships: on a recurring monthly basis
  • Annual Memberships: on a recurring yearly basis

Your subscription will automatically renew at the end of each billing period unless canceled prior to renewal.

11.3 Payment Processing

Payments are processed through third-party payment processors.
By submitting payment information, you authorize Lumifox and its third-party processors to charge the payment method you provide.

We are not responsible for any fees, errors, or issues arising from the payment processor’s platform or terms.

11.4 Taxes

You are responsible for paying any applicable local, state, federal, or international taxes associated with your purchase. Taxes will be charged based on your billing address and local regulations.

11.5 Refunds

Except where required by law:

  • No refunds are provided for partial months or partial annual periods.
  • No refunds are issued for unused features or periods of inactivity.
  • You are responsible for canceling your membership before the next billing cycle if you do not wish to be charged.

Refund requests made due to platform interruptions, dissatisfaction with AI interactions, or personal outcomes will not be honored unless otherwise stated in a specific refund policy.

12. Limitation of Liability

To the fullest extent permitted by law, Lumifox and its owners, officers, directors, employees, contractors, affiliates, licensors, and agents (“Lumifox Parties”) disclaim all liability for any damages or losses arising out of or related to:

  • Your use of, inability to use, or reliance on the Platform, its tools, AI companions, content, or features.
  • Any emotional distress, mental health impact, physical injury, property damage, loss of data, or other harm allegedly caused by the Platform.
  • Errors, inaccuracies, omissions, or interruptions in service.
  • Unauthorized access to or use of your account or data.
  • Any third-party conduct, including harassment or illegal activity by other users.

12.1 Maximum Liability

In no event shall the total liability of Lumifox Parties to you for all claims relating to your use of the Platform exceed the greater of:

  • One hundred dollars ($100 USD), or
  • The total amount you paid to Lumifox in the twelve (12) months prior to the event giving rise to the claim.

12.2 Types of Damages Excluded

To the fullest extent allowed by applicable law, Lumifox Parties are not liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, goodwill, use, data, or other intangible losses
  • Damages resulting from unauthorized access to or use of your data

These exclusions apply even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

12.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.
In such cases, Lumifox’s liability will be limited to the greatest extent permitted by applicable law.

13. Indemnification

By using the Lumifox Platform, you agree to defend, indemnify, and hold harmless Lumifox and its owners, officers, directors, employees, contractors, affiliates, licensors, and agents (“Lumifox Parties”) from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to:

  • Your access to or use of the Platform, including all tools, features, and AI companions.
  • Your violation of these Terms or any applicable law or regulation.
  • Your User Content, including any claim that it infringes, misappropriates, or otherwise violates the rights of a third party.
  • Your interactions with other users.
  • Your misuse or unauthorized use of any Lumifox service, content, or intellectual property.

You agree to cooperate as reasonably requested by Lumifox in the defense of any claim.

Lumifox reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any matter without prior written consent from Lumifox.

14. Binding Arbitration and Waiver of Class Action

14.1 Agreement to Arbitrate

You and Lumifox agree that any disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or your use of Lumifox services will be resolved exclusively through final and binding arbitration, rather than in court.

This agreement to arbitrate includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

14.2 Arbitration Rules

  • The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
  • The arbitration will be conducted by a single arbitrator and will take place remotely unless both parties agree otherwise.
  • The arbitrator will have the authority to grant all remedies available under applicable law, consistent with these Terms.
  • Judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 No Class Actions

You and Lumifox agree that all claims must be brought individually.
You may not participate in a class action, collective action, or representative action against Lumifox.

By agreeing to these Terms, you waive any right to a jury trial and to participate in a class action lawsuit.

14.4 Small Claims Court Exception

Either party may bring an individual action in small claims court for disputes that qualify, as long as the action remains on an individual basis and is not consolidated with other cases.

14.5 Opt-Out Option

You may opt out of this arbitration agreement by sending written notice to jasonl@lumifox.net within thirty (30) days of first accepting these Terms.
Your notice must include:

  • Your full name
  • Your account email address
  • A clear statement that you wish to opt out of arbitration

If you opt out, you will still be bound by the rest of these Terms.

14.6 Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

15. Termination

15.1 Termination by You

You may cancel your Lumifox membership at any time through your account settings.
Upon cancellation:

  • Your membership will remain active until the end of your current billing period.
  • You will not be entitled to any refund for unused time unless otherwise required by applicable law.
  • Your access to premium features will end when your billing period expires.

15.2 Termination by Lumifox

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your account and/or access to the Platform at any time, with or without notice, if:

  • You violate these Terms;
  • You misuse the Platform in a way that could harm Lumifox, its users, or its reputation;
  • Required by law or regulatory authorities; or
  • For operational, technical, or security reasons.

In the event of termination by Lumifox, you may lose access to your planted memories, letters, saved reflections, and other account data.

15.3 Effect of Termination

Upon termination:

  • Your rights under these Terms immediately end.
  • Sections intended to survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution — will remain in effect.

16. Miscellaneous

16.1 Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by Lumifox, constitute the entire agreement between you and Lumifox regarding your use of the Platform.
They supersede any prior agreements or understandings, whether written or oral.

16.2 Force Majeure

Lumifox shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, internet outages, power failures, labor disputes, civil disturbances, acts of terrorism, acts of war, or government actions.

16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, that provision shall be severed from these Terms.
The remainder of the Terms shall continue in full force and effect.

16.4 No Waiver

Lumifox’s failure to enforce any provision of these Terms shall not constitute a present or future waiver of that or any other provision.
No waiver shall be effective unless made in writing and signed by an authorized representative of Lumifox.

16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may freely assign or transfer our rights and obligations under these Terms without restriction.

16.6 Notices

Any notices required under these Terms should be sent to:
jasonl@lumifox.net

We may provide notices to you via email, through the Platform, or by posting updates to our website.

AI Transparency Notice

The Lumifox Platform includes interactive conversations with AI companions, including Lumi, Thistle, Fen, Sora, Kiri, Wink, and others.

By using the AI companions, you acknowledge and agree that:

  • Artificial Intelligence:
    The companions you interact with are powered by artificial intelligence (AI) and are not human beings.
    They are designed to generate supportive, calming, and reflective conversations based on your inputs.
  • Nature of Responses:
    AI-generated responses are based on programmed prompts and machine learning models.
    They are not reviewed, edited, or overseen by licensed professionals in real time, and they may not always be accurate, complete, or appropriate for every individual.
  • User Discretion Advised:
    You understand that you are solely responsible for evaluating and interpreting any responses provided by AI companions.
    Lumifox does not guarantee the emotional appropriateness, accuracy, or suitability of any AI-generated content.
  • No Human Intervention:
    Unless otherwise specifically stated, interactions with Lumifox companions occur without direct human monitoring, editing, or supervision.

If you are uncomfortable engaging with AI-generated content, you should discontinue use of the AI companions.

DMCA (Copyright) Notice

Lumifox respects the intellectual property rights of others and expects users to do the same.
It is our policy to respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”).

If you believe that your copyrighted work has been copied or posted on the Lumifox Platform in a way that constitutes copyright infringement, please submit a notice to our Designated Agent containing the following information:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you claim has been infringed.
  3. Identification of the material that you claim is infringing and where it is located on the Platform.
  4. Your contact information (address, telephone number, and email address).
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Please send DMCA notices to:
Email: jasonl@lumifox.net
Subject Line: DMCA Notice

Upon receipt of a valid DMCA notice, Lumifox will remove or disable access to the allegedly infringing content and take reasonable steps to notify the user who posted the material.

Repeat infringers may have their accounts terminated at our discretion.

Electronic Communications Consent

By creating an account on the Lumifox Platform or otherwise using our services, you consent to receive electronic communications from Lumifox, including:

  • Account-related notices (such as billing updates, password changes, or service confirmations)
  • Legal disclosures and updates to these Terms or our Privacy Policy
  • Support communications related to your use of the Platform
  • Occasional service announcements or feature updates

These communications may be provided via email, through your account dashboard, via in-app messaging, or by posting notices on the Platform.

1. Communication Preferences

You may update your communication preferences at any time by:

However, certain essential communications — such as legal notices, billing information, and critical account updates — are mandatory and you may not opt out of receiving them unless you terminate your account.

2. Consent to Electronic Notices

You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirements that such communications would satisfy if they were provided in writing.

If you would like to receive paper copies of any electronic communications, please contact jasonl@lumifox.net.
Please note that we may charge a reasonable fee for mailing physical copies.