Terms of Use

Welcome to Luks (the "App"). These Terms of Use constitute a legally binding agreement between you and Alexandre Grisey ("Developer," "we," "our," or "us") governing your use of the App.

By downloading, installing, or using the App, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the App.

1. User Eligibility

To use the App, you must be at least 13 years of age. By using the App, you represent and warrant that you meet this requirement. If you are under the age of 18, you must have your parent or guardian's permission to use the App.

2. License and App Use

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial purposes on a mobile device that you own or control.

You may not:

• Modify, disassemble, decompile, or reverse engineer the App;
• 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;
• Remove, alter, or obscure any proprietary notices on the App;
• Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App.

3. Intellectual Property Rights

The App, including but not limited to the software, graphics, design, compilation, code, and content, is owned by the Developer and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All rights, title, and interest in and to the App, including any intellectual property rights, are and will remain exclusively with the Developer. Nothing in these Terms of Use grants you a right to use any of the Developer's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

While you retain ownership of the images of your pets that you upload to the App, you grant the Developer a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing the App to you. For AI-generated images, the Developer retains all intellectual property rights in the output images, though you are granted a license to use the AI-generated images for personal, non-commercial purposes.

4. User Content

You are solely responsible for the content you upload to the App, including pet images. By uploading content, you represent and warrant that:

• You own all rights to the content or have the necessary licenses, rights, consents, and permissions to use and authorize us to use the content;
• The content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
• The content complies with these Terms of Use and all applicable laws and regulations.

5. In-App Purchases

The App offers in-app purchases. All purchases are final and non-refundable, except as required by applicable law. We have no obligation to provide refunds or credits for any purchased items or services. You acknowledge that we do not store your payment information and that all payment transactions are processed by third-party payment processors.

6. Prohibited Uses

You agree not to use the App to:

6.1. Upload or generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable;

6.2. Upload or generate nude, partially nude, sexually explicit, pornographic, or adult content;

6.3. Generate images of public figures, celebrities, or other individuals without their consent;

6.4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

6.5. Engage in any activity that could disable, overburden, damage, or impair the App;

6.6. Use any robot, spider, or other automatic device to access or use the App;

6.7. Violate any applicable local, state, national, or international law.

7. Monitoring and Enforcement

We have the right, but not the obligation, to:

• Monitor or review the App for violations of these Terms of Use;
• Take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use;
• Terminate or suspend your access to all or part of the App for any violation of these Terms of Use;
• Remove any content or user submissions for any reason, including if such content violates these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the App.

8. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. THE DEVELOPER, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP;
2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP;
3. ANY CONTENT OBTAINED FROM THE APP;
4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
5. THE QUALITY OR ACCURACY OF ANY AI-GENERATED IMAGES;
6. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;
7. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP;
8. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE DEVELOPER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE DEVELOPER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to defend, indemnify, and hold harmless the Developer, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, your violation of these Terms of Use, or your violation of any third-party rights.

11. Term and Termination

These Terms of Use shall remain in full force and effect while you use the App. We may terminate or suspend your access to the App, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Use. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms of Use or your use of the App shall be subject to the exclusive jurisdiction of the courts located in Bordeaux, France.

13. Changes to Terms of Use

We reserve the right to modify these Terms of Use at any time. We will notify you of any changes by posting the new Terms of Use on this page and updating the "Last Updated" date. You are advised to review these Terms of Use periodically for any changes. Changes to these Terms of Use are effective when they are posted on this page. Your continued use of the App after any changes to these Terms of Use constitutes your acceptance of such changes.

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Developer to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and the Developer regarding your use of the App and supersede any prior agreements between you and the Developer relating to the App.