Thank you for choosing Lumasoft. This is a license agreement between you and Lumasoft that describes your rights to use this software. BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND FOR INTERNET-BASED FEATURES OF THE SOFTWARE. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR FEATURES.
Lumasoft grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal or commercial purposes strictly in accordance with the terms of this Agreement.
Definitions
"Operator" means the person or business that licenses the Software. "Guest" means any individual who appears in, or is otherwise identifiable from, Content. "Content" means photos, videos (including 360 and multi-view video), audio, data and metadata captured with or uploaded through the Software or stored in fotoShare Cloud. "Data Use Start Date" means the date 14 days after we notify you by email, at your account address, that Section B applies. "De-Identified Content" has the meaning in Section B.4. "Data Partner Program" means the optional program governed by the Data Partner Addendum.
How can I use the software?
We do not sell our software or your copy of it – we only license it. Under our license we grant you the right to install and run that one copy on two computer (the licensed computer) for use by one person/company at a time, but only if you comply with all the terms of this agreement. Our software license is permanently assigned to the licensed computers. The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. This license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touchscreen. It does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network.
Can I transfer or reassign the software to another user or computer?
You may not transfer the software to another user. You may not retain any copies. You may reassign this software license to a different computer any number of times, but not more than one time every 90 days. If you reassign, that other computer becomes the “licensed computer.” If you retire the licensed computer due to hardware failure, you may reassign the license sooner.
You may not license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Are there things I’m not allowed to do with the software?
Yes. Because the software is licensed, not sold, Lumasoft reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately, publish, copy (other than the permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows. When using Internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner. You also may not, and may not let anyone else: (a) access the services, galleries, media files or APIs by automated means (crawlers, scrapers, bots or scripts) except through interfaces we document for that purpose; (b) guess, enumerate, probe or try to discover gallery links, identifiers, passwords or other access controls; (c) bulk-download Content you were not given access to; or (d) circumvent rate limits, bot protection or other security measures. We may throttle, block or suspend access and pursue any other remedy.
Modifications to Application
Lumasoft reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Your Content and How We Use It
B.1 Your content stays yours. As between you and Lumasoft, you keep your rights in Content. You are responsible for having all rights, notices and consents needed to capture Content and upload it to our services, including from Guests.
B.2 License to provide the service. You grant Lumasoft a worldwide, non-exclusive license to host, store, process, display, transmit and deliver Content as needed to operate the Software and services, including sharing Content with people you or your Guests choose.
B.3 Product improvement (internal). From the Data Use Start Date, unless you have opted out under Section B.6, we may use Content to develop and improve our own features, such as blur detection, best-frame selection, background removal and 360 stabilization. We will not give this Content to third parties for their own use. Our service providers may process it only for us and under written terms.
B.4 De-identified datasets. From the Data Use Start Date, unless you have opted out under Section B.6, Lumasoft may create "De-Identified Content" from your Content and use or license it to third parties, including for training machine learning and AI models. "De-Identified Content" means Content that has passed all of these steps before it leaves Lumasoft's control: (a) every face is replaced with a synthetic substitute, not blurred or masked; (b) all metadata is removed, including location, timestamps, event names, device identifiers, file names and account identifiers; (c) distinctive identifying marks are removed; (d) voice and audio are removed or irreversibly altered; and (e) a documented re-identification risk review has been passed. We will not attempt to re-identify De-Identified Content and will contractually bar recipients from doing so.
B.5 Identifiable content only with consent. We will not license Content showing identifiable Guests to third parties for AI training unless the Operator has joined the Data Partner Program and each Guest in that Content gave separate, express consent through the booth consent screen. Content from minors, or where consent is missing or withdrawn, is never included.
B.6 Your opt-out. You may opt out of Sections B.3 and B.4 at any time in the Dashboard (Settings > Data Use) or by contacting support. If you opt out before the Data Use Start Date, your existing Content is never used. If you opt out later, we will stop new use, remove your Content from datasets not yet delivered, and exclude it from future versions. We cannot recall copies already delivered, and models already trained cannot be reliably "untrained". Opting out does not affect your service, pricing or features.
B.7 Guest requests. Guests are not our customers, and we do not have the right to delete or release Content that the Operator captured. Any request from a Guest about Content (to see it, delete it, correct it or object to its use) must be made to the Operator who captured it, and the Operator is responsible for handling it. If a Guest contacts us about Content we host for an Operator, we will refer the Guest to that Operator and will not delete or release the Content ourselves unless the Operator instructs us or the law requires it. Separately, to the extent the law requires, we will stop using Content that a Guest identifies by link or clip ID in the purposes in Sections B.3, B.4 and the Data Partner Program, going forward. We do not delete or release the Operator's Content, and we cannot undo past use or recall copies already delivered.
B.8 Sensitive content. You must not upload to our services, or make available to the public through link sharing, Guest access, galleries or downloads, any Content that may be considered sensitive, including [nudity or sexual content; Content showing a person in a medical, therapy, or other health setting; Content showing a child in a way that is private or embarrassing; Content revealing religion, political views, or union membership; and Content you do not have the right to share]. You are responsible for reviewing the privacy settings for your events. Lumasoft may remove, restrict or exclude from its own uses any Content at its discretion, with or without notice.
B.9 Shared links are not secret. When you turn on link sharing, Guest access, a public homepage or any other sharing feature, anyone who has the link can view, download, copy and re-share that Content, and Lumasoft cannot control what they do with it. Links can be forwarded, posted or discovered, and Lumasoft does not guarantee that a shared gallery will stay confidential. You choose the privacy settings for each event and are responsible for using password protection or turning sharing off where the Content is sensitive, and for telling Guests that photos may be shared online and viewed by anyone with the link.
B.10 Order of precedence. For the purposes in Sections B.3, B.4 and the Data Partner Program, Lumasoft acts as a controller on its own behalf, and this Section B and the Data Partner Addendum control over the Data Processing Agreement. The Data Processing Agreement continues to govern all other processing of Content.
Data Processing Agreement. Where Lumasoft processes personal data in Content on your behalf, the Data Processing Agreement at dslrbooth.com/data-processing-agreement applies and forms part of this Agreement. If you are subject to the GDPR, UK GDPR or similar laws, your acceptance of this Agreement is also your acceptance of the Data Processing Agreement.
Limitation of Liability
To the maximum extent permitted by applicable law, Lumasoft and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the software, even if Lumasoft has been advised of the possibility of such damages. In no event shall Lumasoft’s total liability to you for all claims exceed the amount paid by you, if any, for the software.
Indemnification
You agree to indemnify, defend, and hold harmless Lumasoft and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of your use of the software, violation of this Agreement, or infringement of any third-party rights, or your failure to give notices or obtain consents that law requires for capturing, storing or sharing Content, or any claim by a Guest or other third party arising from Content you captured, uploaded or shared or from your privacy-setting choices.
Data Loss
You acknowledge that you are responsible for maintaining backups of your data. Lumasoft is not liable for any loss or corruption of your data resulting from your use of the software or any internet-based features, or for the viewing, copying, downloading or redistribution of Content by any person who obtains a link to it, or for access resulting from your account credentials, your devices or the privacy settings you chose. This does not limit Lumasoft’s responsibilities for personal data under law, the Data Processing Agreement, or Section B.
Force Majeure
Lumasoft shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, government regulations, natural disasters, or service disruptions involving third-party providers.
Trial and Conversion
Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. TRIAL SOFTWARE IS LICENSED “AS-IS,” AND YOU BEAR THE RISK OF USING IT. LUMASOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, LUMASOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third-Party Services
The software may integrate with third-party services or platforms. Lumasoft is not responsible for the availability, accuracy, or performance of such services, and your use of them is at your own risk.
Disclaimer of Warranties
Except as expressly provided in this Agreement, the software is provided “as-is” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Lumasoft does not warrant that the software will be error-free, secure, or uninterrupted.
Term and Termination
This Agreement shall remain in effect until terminated by you or Lumasoft.
Lumasoft may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Lumasoft, in the event that you fail to comply with any provision of this Agreement. You may also terminate this agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer. As the account owner, you are responsible for deleting your events and Content through the LumaBooth Dashboard. We do not close accounts or delete Content for you, and we have no duty to return or delete Content that you leave in your account. We may delete event Content from an account whose subscription has lapsed for 30 days or more. Section B.6 applies to copies already delivered to third parties. Your opt-out, and any Guest consent withdrawal, stay effective after termination.
Survival
Provisions of this Agreement that by their nature should survive termination, including but not limited to Limitation of Liability, Indemnification, Disclaimer of Warranties, Third-Party Services, Data Loss, Your Content and How We Use It (as to copies delivered before termination), Governing Law and Dispute Resolution, and any obligations regarding intellectual property, shall remain in full force and effect after termination of this Agreement.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments
Lumasoft reserves the right, at its sole discretion, to modify or replace this Agreement at any time. For material changes, as determined by Lumasoft, we will provide at least 14 days' notice prior to the new terms taking effect. Changes that expand how we use Content take effect only on the Data Use Start Date, after notice sent by email to your account address and in the software, and never apply to identifiable Content except through the Data Partner Program. Non-material changes or updates required for security, legal compliance, or operational reasons may take effect immediately upon notice. Notice may be provided via email, within the software, or on our website at https://support.lumasoft.co and https://dslrbooth.com. Your continued use of the software after changes constitutes acceptance of the new terms, except that continued use is never consent to the Data Partner Program, which requires separate acceptance.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, excluding its conflict of law principles. Any disputes arising out of or relating to this Agreement or your use of the software shall be resolved exclusively through binding arbitration conducted in New Brunswick, New Jersey, in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding. Each party shall bear its own costs and attorneys’ fees, but the arbitrator may award costs and fees as permitted by law. You waive any right to participate in class action lawsuits or class-wide arbitration. Notwithstanding the foregoing, Lumasoft may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights. Mandatory consumer and data protection rights where you live are not affected, and arbitration and class waivers do not apply where local law forbids them. Guests are not parties to this Agreement and keep all of their legal rights.
Contact Information
If you have any questions about this Agreement, please contact us at https://support.lumasoft.co