Terms of Use

1. Agreement and adult authority

These Terms of Use (“Terms”) govern access to and use of the Luma Kids marketing website at lumakids.org, the web app at https://app.lumakids.org/, and any Luma Kids mobile application made available in the future (together, the “Services”).

These Terms are addressed to the parent, legal guardian, or other adult legally able to agree to them. By accessing or using the Services, or allowing a child to use them, that adult confirms that they have read and agree to these Terms on their own behalf and, to the extent legally permitted, on behalf of the child. The adult represents that they have the legal authority and capacity to do so.

A child must not independently accept these Terms. If you do not agree, or do not have authority to agree for the child, do not allow the child to use the Services. Where law requires a form of affirmative agreement beyond use of the Services, Luma Kids will request it before the relevant activity.

2. About Luma Kids

Luma Kids provides recreational games involving memory, attention, visual-spatial play, matching, puzzles, drawing, and similar activities for young children. Features and game availability may vary by device, browser, language, and version.

3. Not medical, therapeutic, or professional advice

Luma Kids is not a medical device or a medical, psychological, therapeutic, diagnostic, healthcare, special-education, or professional assessment service. The Services do not diagnose, prevent, monitor, manage, or treat ADHD, learning disabilities, developmental conditions, or any other medical or psychological condition.

The Services are not a substitute for advice, diagnosis, assessment, treatment, or services from a qualified doctor, psychologist, therapist, educator, or other professional. Do not delay or disregard professional advice because of a game or statement in the Services. If you have a concern about a child's health, development, safety, learning, or behaviour, contact an appropriate qualified professional.

No particular educational, cognitive, behavioural, developmental, attention, memory, school, or health outcome is represented, promised, or guaranteed. Performance or enjoyment in a Luma game cannot confirm or rule out a condition or predict performance outside the game.

4. Parent or guardian responsibilities

The responsible adult must:

• decide whether the Services, content, and level of challenge are appropriate;
• provide supervision suitable for the child's age, abilities, and circumstances;
• manage the device, browser, network, camera, and other permissions;
• help the child use multiplayer, invitation links, and QR codes safely;
• avoid unnecessary disclosure of a child's personal or health information;
• encourage reasonable breaks and stop play if it causes discomfort or distress; and
• ensure that use complies with these Terms and applicable law.

The responsible adult remains responsible for the device, connectivity charges, and actions taken through the device by people they permit to use it.

5. Limited permission to use the Services

Subject to these Terms, Luma Kids grants the responsible adult and child a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, and non-commercial permission to access and use the Services for personal or family use. The Services are licensed, not sold. All rights not expressly granted are reserved by Luma Kids and its licensors.

6. Prohibited conduct

You must not, and must not help another person to:

• copy, sell, rent, sublicense, distribute, or commercially exploit the Services;
• reproduce, modify, translate, adapt, create derivative works from, reverse engineer, decompile, or disassemble the Services, except where law expressly permits and does not allow that permission to be waived;
• remove ownership, copyright, trademark, or attribution notices;
• bypass, probe, disable, defeat, or interfere with security, access controls, rate limits, technical restrictions, or integrity protections;
• obtain or attempt unauthorized access to source code, systems, infrastructure, multiplayer rooms, credentials, invitations, or another person's device;
• automate room creation, scrape the Services, guess multiplayer codes at scale, introduce malware, send harmful traffic, overload systems, or disrupt another user;
• impersonate another person or misrepresent affiliation with Luma Kids;
• use the Services to surveil, harass, exploit, endanger, or harm a child or another person;
• use the Services for gambling, wagering, commercial competition, or unlawful activity; or
• use Luma Kids branding or content in a misleading, infringing, or unauthorized way.

7. Multiplayer and invitations

Petal Pairs includes optional two-player play through an online or direct local connection. Luma Kids does not provide public matchmaking, public profiles, or player chat.

Multiplayer codes, QR codes, and invitation links are temporary access credentials. Share them only with the intended player through a trusted channel. Anyone who obtains a valid invitation while it remains active may be able to join. Do not post an active invitation publicly.

Internet, Wi-Fi, device, browser, firewall, peer-device, or third-party infrastructure conditions may affect availability and performance. We do not guarantee that a connection will always be available, uninterrupted, private from anyone other than the intended peer, or recoverable. We may limit, close, or reject connections that are expired, malformed, unauthorized, abusive, excessive, or potentially harmful.

8. Local progress and device data

Solo progress, settings, Sun Points, garden plants, and related game state are generally stored locally on the device and are not synchronized to an account. They may be permanently lost if the Services are uninstalled, browser or app data is cleared, the device is reset, storage is corrupted, compatibility changes, or a technical failure occurs. Luma Kids cannot guarantee recovery, backup, migration, or synchronization of local progress.

The responsible adult should manage device backups and settings where available and appropriate. Clearing local data may be irreversible.

9. Sun Points and virtual items

Sun Points, plants, achievements, difficulty progress, rewards, and other in-app elements:

• exist only as part of the Services;
• have no monetary, cash, stored-value, or real-world value;
• cannot be purchased, exchanged, transferred, redeemed, or sold;
• do not create property, financial, ownership, or vested contractual rights; and
• may be adjusted with game balance, rewards, formats, or feature changes.

We will use reasonable care when making changes but do not guarantee the permanent preservation, availability, or value of a virtual item or local progress.

10. Fees and purchases

The current browser-based Services do not offer paid subscriptions or in-app purchases. If paid functionality is introduced, its price, billing period, renewal terms, cancellation method, and any additional terms will be disclosed before a purchase. No purchase may remove rights that applicable consumer law makes mandatory.

11. Ownership and intellectual property

The Services, including software, source and object code, designs, illustrations, characters, graphics, text, sounds, gameplay systems, interfaces, branding, and documentation, are owned by or licensed to Luma Kids and protected by intellectual property and other laws.

“Luma Kids,” associated branding, and visual elements may not be used without prior written permission except as law permits. Third-party and open-source components remain subject to their applicable licences. If you believe content in the Services infringes intellectual property rights, contact us with enough information for us to investigate; do not include unnecessary information about a child.

12. Feedback

If an adult voluntarily sends an idea, suggestion, or other feedback, they grant Luma Kids a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, modify, and incorporate that feedback for any lawful purpose without compensation or attribution. Do not send confidential information or material owned by someone else. This section does not apply to a child's personal information or give us rights in a child's drawing or other local game content.

13. Privacy

The Luma Kids Privacy Policy explains how the Services handle local progress, limited usage measurement, multiplayer information, camera access, technical request data, service providers, retention, and parental choices. It does not reduce any privacy right provided by law.

14. Third-party services and links

The Services depend on hosting, content delivery, network infrastructure, operating systems, browsers, devices, internet providers, and other third-party services. Luma Kids does not control their independent conduct, terms, privacy practices, availability, or security.

Links to third-party websites or services are provided for convenience and do not mean that Luma Kids endorses or controls them. Use of a third party may be governed by its own terms and privacy policy. We are not responsible for third-party content or conduct outside our reasonable control, subject always to liability that applicable law does not allow us to exclude.

15. Future app-store distribution

Native iOS and Android applications are not currently released. If Luma Kids is later distributed through an app store, the store's usage rules and terms presented at download may supplement these Terms. Store-specific licence or consumer provisions will control only to the extent required for that distribution or by applicable law.

Unless store-specific terms expressly say otherwise, the agreement for the Luma Kids service is between the responsible adult and Luma Kids, not the app store. The store has no obligation to provide maintenance or support for Luma Kids, except obligations it expressly undertakes or that law imposes on it.

16. Availability, updates, and changes to the Services

We may release updates, correct errors, change compatibility requirements, modify game balance or features, introduce or remove functionality, suspend online systems, or discontinue part or all of the Services. We may do so to improve the Services, maintain security, comply with law, respond to third-party changes, or manage technical and operational needs.

Subject to mandatory law, we do not guarantee that:

• every feature or game will remain available permanently;
• the Services will work on every device, browser, network, or operating system;
• access will be uninterrupted, timely, secure, or error-free;
• all defects will be corrected immediately; or
• local progress will remain compatible or recoverable after a change or failure.

Nothing in this section removes remedies a consumer has when applicable law requires digital content or services to conform to a contract.

17. Suspension and termination

You may stop using the Services at any time. Luma Kids may suspend, restrict, or terminate access to online functionality where reasonably necessary to protect users or infrastructure, investigate or prevent misuse, address security risks, comply with law or a valid legal request, respond to a material breach, or discontinue the relevant functionality.

Where reasonably practical and legally appropriate, we will tailor enforcement to the issue and provide notice of a material suspension. The licence in section 5 ends automatically upon a material breach that is not capable of cure or is not cured after reasonable notice where notice and cure are required by law.

Sections concerning ownership, feedback, disclaimers, liability, disputes, and any provision that by its nature should survive will remain effective after termination.

18. Consumer rights

These Terms do not exclude, restrict, or waive a warranty, remedy, forum, right of withdrawal, conformity right, or other protection that applicable consumer law does not permit a business to exclude or restrict. If a provision conflicts with a mandatory consumer right, the mandatory right controls and the provision applies only to the maximum lawful extent.

19. Disclaimer of warranties

To the maximum extent permitted by applicable law, and subject to section 18, the Services are provided “as is” and “as available.” Luma Kids disclaims warranties that may lawfully be disclaimed, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, compatibility, uninterrupted availability, and freedom from errors or harmful components.

Nothing in these Terms excludes an express commitment made by Luma Kids or a warranty that applicable law does not allow us to disclaim.

20. Limitation of liability

To the maximum extent permitted by applicable law, Luma Kids and its owners, personnel, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of data, local progress, expected benefit, opportunity, goodwill, or access; or the cost of substitute services, arising from or relating to the Services or these Terms, regardless of the legal theory and even if advised that such loss was possible.

To the maximum extent permitted by law, Luma Kids' total aggregate liability for all claims arising from or relating to the Services or these Terms will not exceed the greater of the amount paid directly to Luma Kids for the Services during the 12 months before the event giving rise to the claim or ten United States dollars (US$10).

These exclusions and limits do not apply to liability that cannot lawfully be excluded or limited. Depending on applicable law, that may include liability for fraud, fraudulent misrepresentation, intentional or wilful misconduct, gross negligence, death or personal injury caused by negligence, infringement for which liability cannot be limited, or violation of mandatory consumer rights.

Some jurisdictions do not allow particular exclusions or limitations. In those jurisdictions, each exclusion or limitation applies only to the maximum extent allowed, and the responsible adult may have additional rights.

21. Responsibility for serious misuse

To the extent permitted by applicable law, the responsible adult is responsible for direct losses, liabilities, and reasonable costs finally awarded or agreed in a settlement that result from the adult's intentional unlawful commercial exploitation of the Services, intentional attack on the Services, or knowing material violation of another person's intellectual property rights through the Services.

This section does not apply to ordinary personal or family use, a child's accidental conduct, losses caused by Luma Kids, or any responsibility that consumer law does not allow us to impose. Luma Kids must provide prompt notice of a covered third-party claim and reasonable cooperation, and may not settle a claim in a way that admits wrongdoing or imposes a non-monetary obligation on the adult without consent.

22. Events outside reasonable control

Subject to mandatory law, neither party is responsible for delay or failure caused by events beyond its reasonable control, such as widespread network or utility failure, natural disaster, war, civil disturbance, government action, labour disruption, epidemic, or major third-party infrastructure failure. This section does not excuse payment obligations already due or reasonable steps to protect users and information.

23. Governing law and disputes

These Terms are governed by applicable law, including any mandatory consumer law that applies based on the responsible adult's location or use of the Services. Before starting formal proceedings, either party may contact the other and allow a reasonable opportunity to resolve the issue informally. This does not prevent urgent relief or require a consumer to miss a legal deadline.

A dispute may be brought before a court that has jurisdiction under applicable law. A consumer retains the protections of mandatory law and access to any court, regulator, or forum that applicable law requires to remain available. These Terms do not require individual arbitration and do not waive a right to participate in a class or collective proceeding where that right exists by law.

24. Changes to these Terms

We may update these Terms to reflect changes to the Services, law, security, third-party requirements, or operational needs. The current version will be published on this page with an updated effective date.

Material changes apply prospectively. Where reasonably practical, we will provide additional notice of a material change. If law requires renewed or affirmative consent, the change will not apply to the relevant use until valid consent is obtained. If the responsible adult does not agree to updated Terms, they must stop using the affected Services.

25. General provisions

• Entire agreement. These Terms, the Privacy Policy, and any applicable store-specific terms form the agreement concerning use of the Services and replace prior statements on that subject, except an express separate written agreement.
• Severability. If a provision is invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the rest remains in effect. A court may not rewrite a provision more broadly than law permits.
• No waiver. Failure or delay in enforcing a provision is not a waiver. A waiver must be explicit and applies only to the matter stated.
• Assignment. The responsible adult may not transfer these Terms or the licence without written consent. Luma Kids may transfer them as part of a bona fide reorganization, financing, sale, merger, or transfer of the Services, provided the transfer does not remove mandatory consumer rights.
• No special relationship. These Terms do not create a partnership, employment, agency, fiduciary, joint venture, or professional-client relationship.
• Headings. Headings and the parent summary are for readability and do not change the meaning of the complete provisions.
• Third-party beneficiaries. Except where future app-store terms expressly provide otherwise, these Terms do not give enforcement rights to another person.

26. Contact

Questions, complaints, support requests, and legal notices concerning the Services may be sent to Luma Kids at lumakidsapp@gmail.com.

Please do not include a child's name, diagnosis, drawing, photo, or other unnecessary personal information in a message.