Effective date: January 1, 2021
Welcome to LUMINORA LAB, LLC. (“Company”, “we”, “us” or “our”), a digital company specializing in advanced graphics and photography processing. Our mission is to supply quality digital products that help our customers get the maximum of their photography.
These Terms of Use (these “Terms”) apply to all users and others who download, install, register with, access or use (“Use” and “Users”, “you”, as applicable) our mobile application EDTR Photo Editor (“EDTR” or “application”).
These Terms are a binding contract between you and us. By accepting these Terms through Using EDTR, you are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of EDTR. If you are Using EDTR on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’ or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
By Using EDTR, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14 (Dispute Resolution; Binding Arbitration), do not Use EDTR. Your continued Use of EDTR will confirm your acceptance of these Terms.
If you have any questions about these Terms or EDTR, please contact us (for contact information, please, see How to Contact Us Section).
EDTR is a brand new professional photo editor that, thanks to its ergonomics, makes professional editing available to everyone. The ability to quickly select a preset, as well as professionally tuned controls, make this application useful for all, from beginners to experienced photographers. EDTR provides a full range of professionally adjusted photo editing controls, as well as brand new unique tools: Color Intensity, Flash, Enhanced Clarity and Texturing.
General age limitation. You must be at least 13 years of age to Use EDTR. If you are under 18 years of age (or the age of legal majority where you live), you may only Use EDTR under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with EDTR.
Age limitation for the European Economic Area (“EEA”) residents. Due to requirements of the General Data Protection Regulation (“GDPR”) you shall be at least 16 years old in order to Use EDTR. To the extent prohibited by applicable law, we do not allow Use of EDTR by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 Using EDTR, please contact us at info@luminora.pro and we will take reasonable steps to preclude such person from Using EDTR.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using EDTR. You further agree to Use EDTR in compliance with all applicable laws. EDTR is not available to any Users previously prohibited from Using it.
Certain EDTR features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for the acts or omissions of any third party who has authority to Use EDTR on your behalf, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the app store or marketplace from which you downloaded EDTR (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using Third-Party Account to register your Account, you are allowing EDTR to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you Use EDTR. Transfer and storage of information about you, whilst you Use EDTR, is governed by our Privacy Policy. You acknowledge and agree that your Use of EDTR is subject to our Privacy Policy.
EDTR may allow you to create, store and share photos (“User Content”). Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us.
You grant us a perpetual, revocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works from and transfer your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy (the “Company License”). You grant us consent to use the User Content, regardless of whether it includes an individual’s name, likeness or persona, sufficient to indicate the individual’s identity. You further acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content stylized by you on or through EDTR or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you stylize on or through EDTR; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above.
We will not be liable to you for any modification, suspension or discontinuation of EDTR, or the loss of any User Content.
You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using EDTR. You represent, warrant and agree that you will not Use EDTR by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not create, store or share any User Content that:
We have the right to monitor your Use of EDTR to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects EDTR. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.
We reserve the right, in our discretion and at any time, to suspend or discontinue EDTR, introduce new features or impose limitations on certain features, or restrict access to EDTR.
EDTR and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters and other content contained therein (collectively, “EDTR Content”) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to EDTR and the EDTR Content. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to Use EDTR and the EDTR Content for your own personal use (“User License”); however, such User License is subject to these Terms and does not include any right to: (i) sell, resell or commercially use EDTR or the EDTR Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the EDTR Content, except as expressly permitted by us or our licensors; (iii) modify the EDTR Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of EDTR or the EDTR Content, except as expressly set forth in these Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use EDTR or the EDTR Content other than as expressly provided in these Terms. Any Use of EDTR or the EDTR Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EDTR Content.
EDTR may include virtual services or tools that can be licensed for a fee, typically via in-app purchase (“Purchased Content”). You may only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, nontransferable, nonsublicensable and revocable basis for non-commercial use only. We reserve the right to manage, regulate, control, modify, or eliminate Purchased Content at any time (and in case of subscriptions, after a specified time under terms of a respective subscription). Upon the Purchased Content being available to you (and in case of subscriptions, after the Purchased Content has been available to you for a specified time under terms of a respective subscription), our obligations to provide the Purchased Content are deemed fulfilled, and we make no representation that the Purchased Content will be available to the purchaser for any length of time (otherwise as may be specified in terms of a respective subscription), nor that EDTR will continue to support the Purchased Content (otherwise as may be specified in terms of a respective subscription). SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.
If made via a Google in-app subscription or purchase use the chat bot here to make that request or learn more about refunds from Google Play here.
You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or EDTR (collectively, “Feedback”). You can submit Feedback by contacting us (please, see How to Contact us Section). Your Feedback is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of EDTR; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), and (v) your conduct in connection with EDTR. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to EDTR. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of EDTR is at your sole risk. EDTR is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that EDTR is accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of EDTR safe, we cannot and do not represent or warrant that EDTR or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of EDTR.
The Company and the other Company Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or EDTR, regardless of the form of the action, is limited to the amount paid, if any, by you to Use EDTR. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use EDTR exceed the amounts you have paid to Use EDTR or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or EDTR resolved in court. Instead, all disputes arising out of or relating to these Terms or EDTR will be resolved through confidential binding arbitration held in Batumi, Republic of Georgia.
You and the Company agree that any dispute arising out of or related to these Terms or EDTR is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR EDTR MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by notifying the Company in writing. The notification must be sent to:
LUMINORA LAB, LLC
Re: Arbitration Opt-out
Nutsubidze str., 1-3
Batumi, Republic of Georgia
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.
These Terms and your Use of EDTR will be governed by, construed and enforced in accordance with the laws of Republic of Georgia, without regard to conflict of law rules or principles (whether of Republic of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Republic of Georgia, respectively, sitting in Batumi, Republic of Georgia.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. You are expected to check our terms regularly so you are aware of any changes, as they are binding on you. We may also attempt to notify you by providing notice through EDTR. Unless we say otherwise in our notice, the amended terms will be effective immediately and your continued Use of EDTR after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop Using EDTR.
By Using EDTR, you agree to receive communications from us, including via email and push notifications. The communications between you and us may take place via electronic means, whether you Use EDTR or send us emails, or whether we post notices on EDTR or communicate with you via email. These communications may include notices about EDTR and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the Use of EDTR (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of EDTR and their scope, prices of in-app subscriptions) and marketing and promotional information about EDTR products and services.
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
You may opt out of push notifications by changing the settings on your mobile device.
We reserve the right, without notice and in our sole discretion, to terminate your right to Use EDTR. We are not responsible for any loss or harm related to your inability to Use EDTR. Upon any termination, discontinuation or cancellation of EDTR, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
The following terms apply if you Use EDTR on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
LUMINORA LAB, LLC
Nutsubidze str., 1-3
Batumi, Republic of Georgia
If you have any questions, complaints or claims with respect to these Terms or EDTR, please contact us via email at info@luminora.pro or our mailing address:
LUMINORA LAB, LLC
Nutsubidze str., 1-3
Batumi, Republic of Georgia
These Terms constitute the entire agreement between you and us relating to EDTR and your Use of EDTR, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to EDTR and your Use of EDTR. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity. You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.