Effective Date: 1 September 2023 

These Terms and Conditions (“Terms and Conditions”) are a legally binding agreement between you (“you” or “End User”) and Luminous Interactive Pty Ltd of Sydney, New South Wales, Australia (“Luminous Interactive,” “we,” “our,” or “us”) covering all mobile applications we develop, publish or sell (each an “App”).

By downloading, installing, or using any App you agree to be bound by these Terms and Conditions. If you do not agree, do not download, install, or use the App.

These Terms and Conditions are concluded between you and Luminous Interactive only, not with Apple Inc. (“Apple”). Luminous Interactive is solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services with respect to the App.

Luminous Interactive grants you a limited, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded device you own or control, in accordance with the Apple Media Services Terms and Conditions and these Terms and Conditions. This Licensed Application may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, as permitted by the Apple Media Services Terms and Conditions. All rights not expressly granted are reserved by Luminous Interactive. You must not: rent, lease, lend, sell, redistribute or sublicense the App; copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any updates; use the App in any unlawful manner, or in a way that interferes with or disrupts Luminous Interactive’s or any third-party’s servers, networks or other services.

Some functionality (e.g. premium content) is offered via auto-renewable subscriptions processed through Apple In-App Purchase. Title: See product name displayed in the paywall. Length: Displayed on the paywall (e.g. monthly, annual). Price / Price per unit: Displayed on the paywall and may vary by region. Payment is charged to your Apple ID upon confirmation. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Manage or cancel in Settings → Apple ID → Subscriptions. We integrate RevenueCat solely to manage entitlement status; RevenueCat does not receive raw payment details.

Our Privacy Policy (available at https://www.luminousinteractive.com/privacy-policy) explains how we collect, use and protect your information — namely first name, last name, email and anonymised analytics. By using the App you consent to that collection and use.

Our Apps may include or use third-party services or APIs (such as Firebase, RevenueCat, or Apple services). Luminous Interactive Pty Ltd is not responsible for the content or services of these third parties. Your use of these services is subject to their respective terms and policies.

Australian Consumer Law: Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy you may have that cannot lawfully be excluded. Subject to those rights, the App is provided “as is” and “as available” without warranty of any kind. We do not warrant that the App will be error-free, uninterrupted, or fit for your specific purpose. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Luminous Interactive’s sole responsibility.

Luminous Interactive, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including but not limited to: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; claims arising under consumer protection or similar legislation.

All intellectual property rights in the App are owned by or licensed to Luminous Interactive. If any third-party claims that the App or your possession and use of it infringes their intellectual property rights, Luminous Interactive will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with applicable third-party terms of agreement when using the App, for example you must not violate your wireless data service agreement when using VoIP features.

To the extent any maintenance or support is required by applicable law, Luminous Interactive, not Apple, is responsible. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. Reach us via the “Contact Us” details in Section 16.

To the maximum extent permitted by law—and except for any non-excludable statutory guarantees—Luminous Interactive is not liable for indirect, incidental, special or consequential loss, including loss of data, profits or goodwill, arising out of or related to your use or inability to use the App.

We may terminate or suspend your licence immediately if you fail to comply with these Terms and Conditions. Upon termination, you must cease all use of the App and delete all copies.

We may update these Terms and Conditions at any time by posting an updated version within the App or on our website. Continued use after the update constitutes acceptance.

These Terms and Conditions are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and Conditions, and that upon your acceptance of them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary.

Luminous Interactive Pty Ltd
ABN 15 671 521 887
Sydney, NSW, Australia
Email: support@luminousinteractive.com
Website: https://www.luminousinteractive.com/contact-us