PREAMBLE

These General Terms of Use (hereinafter 'GTU') govern the conditions of access and use of the Luma digital platform, accessible at https://luma.coach (hereinafter the 'Site'), published by APPFACTORY (hereinafter the 'Provider' or 'Luma').

The Terms of Use are distinct from the General Terms and Conditions of Sale (GTC) that govern the commercial and contractual aspects of subscription to the services.

The General Terms of Use govern the conditions for using the platform as a whole, including the rules of conduct within the Community and the terms of use of the virtual coach Elia.

Creating an account on the Luma platform constitutes unconditional acceptance of these Terms of Use.

This acceptance is evidenced by a mandatory checkbox during registration.

The User who does not accept these Terms of Use cannot access the Services.

The Provider reserves the right to modify these General Terms of Use.

Changes apply to new Users as soon as they are published.

For existing Users, any substantial changes will be notified by email at least thirty (30) days before they take effect.

ARTICLE 1 — DEFINITIONS

For the purposes of these Terms of Use, the following terms have the meanings assigned to them below:

• "User": any adult individual who has created an account on the Luma platform, whether subscribed or not.
• "Account": a secure personal space created by the User, granting access to Services based on the subscription level.
• "Services": all features offered by the Luma platform, including the Academy, the Community, the virtual coach Elia, and the Glow-Up Routine.
• "Community": a space for exchange and discussion among members subscribed to the platform, moderated by the Luma team.
• "Elia": a virtual coach powered by artificial intelligence, offering personalized exchanges on topics of well-being and relationships.
• "User Content": any content (text, message, question, comment) published by the User within the Community or in their exchanges with Elia.
• "Luma Content": all educational content, articles, podcasts, programs, and resources produced by Luma and made available to subscribers.

ARTICLE 2 — ACCESS TO THE PLATFORM

2.1 — Access Conditions

Access to the Luma platform is reserved for individuals who are at least 18 years old and have created an account, and for paid features, have subscribed to a plan under the conditions set forth in the General Terms and Conditions.

The User guarantees that the information provided during the creation of his account is accurate, complete, and up to date.

He agrees to keep them updated throughout his use of the platform.

2.2 — Account Security

The User is solely responsible for the confidentiality of his login credentials.

A temporary password is sent to them by email upon account creation; they are invited to change it upon their first login.

He agrees not to share his credentials with third parties and to immediately inform the Provider of any unauthorized use of his account at contact@luma.coach.

Any action taken from a User's account is presumed to have been carried out by that User.

The Provider shall not be held responsible for the consequences of fraudulent use of a User's account resulting from their negligence in protecting their credentials.

2.3 — Availability

The Provider strives to ensure the availability of the platform 7 days a week, 24 hours a day.

Occasional interruptions may occur for maintenance, updates, or in cases of force majeure.

The User acknowledges that the Provider cannot guarantee continuous and uninterrupted availability of the Service.

ARTICLE 3 — COMMUNITY USAGE RULES

3.1 — Community Spirit

The Luma Community is a supportive, respectful, and inclusive space dedicated to mutual aid, sharing experiences, and women's personal development.

Each member contributes to maintaining this positive environment through their behavior and publications.

3.2 — Allowed Behaviors

Within the Community, Users are invited to:

• Share personal experiences with authenticity and kindness.
• Ask questions and provide answers in a spirit of mutual assistance.
• Encouraging and supporting other members in their journey.
• Report any inappropriate content to the moderation team using the tools provided for this purpose.

3.3 — Prohibited Behaviors

It is strictly prohibited within the Community to publish any content:

• Of an insulting, defamatory, racist, sexist, homophobic, transphobic nature, or that undermines human dignity.
• Of a pornographic, violent, or shocking nature.
• Constituting harassment, intimidation, or threats towards another member.
• Promoting products, services, or trademarks without prior written authorization from the Provider (spam, unsolicited advertising).
• Infringing on the intellectual property rights of third parties (unauthorized reproduction of texts, images, videos).
• Containing personal information of a third party without their consent (personal data, contact details, photographs).
• Encouraging dangerous behaviors, risky practices, or actions contrary to the law.
• Impersonating another member, a Luma collaborator, or a public figure.
• Related to illegal activities or activities that may disturb public order.

3.4 — Moderation

The Provider ensures moderation of the Community according to its own rules and at its sole discretion.

The moderation team may, at any time and without notice or justification:

• Remove any content that does not comply with these Terms of Use.
• Warn a User whose behavior is contrary to the rules.
• Temporarily suspend a User's access to the Community.
• Permanently terminate a User's account in the event of a serious or repeated violation of these General Terms of Use.

Moderation shall not engage the Provider's liability for content published by Users, as the Provider acts as a host under Article 6 of the LCEN law of June 21, 2004.

3.5 — Reporting

Any User can report content they consider inappropriate using the reporting feature available in the Community or by contacting the moderation team at contact@luma.coach.

The Provider commits to address any report as promptly as possible.

ARTICLE 4 — USE OF VIRTUAL COACH ELIA

4.1 — Nature of the Service

Elia is a virtual coach powered by generative artificial intelligence technology.

It is designed to provide supportive guidance on themes of well-being, self-confidence, and personal and romantic relationships.

4.2 — Limits and Warnings

The User expressly acknowledges and accepts the following limitations regarding Elia:

• Elia is an automated digital tool.
• Its responses are generated by an artificial intelligence algorithm and do not reflect the opinion, judgment, or expertise of a human professional.
• Exchanges with Elia do not constitute a medical, psychological, psychiatric, therapeutic, or paramedical consultation under French law.
• They cannot replace care provided by a qualified health professional.
• Elia does not diagnose, prescribe treatment, or issue prescriptions.
• All health decisions must be made in consultation with a healthcare professional.
• In case of serious emotional distress, suicidal thoughts, or crisis situations, the User is encouraged to immediately contact a health professional or emergency services (15, 17, 18, or 112), or the national suicide prevention hotline: 3114.
• Elia's responses may contain inaccuracies or imprecisions.
• The Provider does not guarantee the accuracy, completeness, or relevance of the generated responses.

4.3 — User Behavior with Elia

The User agrees to use Elia responsibly and not to:

• Attempting to manipulate Elia to obtain medical, legal, or financial advice.
• Attempt to circumvent the built-in security safeguards in the system.
• Using Elia for testing, research, or data extraction purposes without prior written authorization from the Provider.
• Reproduce, publish, or disseminate exchanges with Elia without the prior written consent of the Provider.

4.4 — Retention of Exchanges

The User's exchanges with Elia are retained for the duration of the active subscription to ensure continuity and personalization of coaching.

They are deleted within thirty (30) days following the termination of the account, in accordance with the Site's Privacy Policy.

ARTICLE 5 — USER CONTENT

5.1 — User Responsibility

The User is solely responsible for the content he publishes within the Community or in his exchanges with Elia.

He guarantees that he has all the necessary rights to the content he publishes and that it does not infringe on third-party rights.

The Provider cannot be held responsible for the content published by Users, its accuracy, legality, or compliance with the Community rules.

5.2 — License Granted to the Provider

By publishing content within the Community, the User grants the Provider a non-exclusive, free, worldwide license to use, reproduce, modify, and distribute this content as part of the platform's operation, particularly for service improvement and moderation purposes.

This license ends upon the deletion of the content or the User's account.

5.3 — Content Deletion

The User can delete at any time the content he has published in the Community from his personal space.

Some content may, however, remain in the system's technical backups for a limited time before its permanent deletion.

ARTICLE 6 — INTELLECTUAL PROPERTY

6.1 — Luma Content

All Luma Content — articles, podcasts, programs, modules, essentials, graphical interfaces, software, databases, trademarks, and logos — are the exclusive property of the Provider or are licensed to it.

They are protected by the Intellectual Property Code.

The User benefits from a personal, non-exclusive, and non-transferable right of access to Luma Content, strictly limited to private use within the framework of his subscription.

Any reproduction, representation, extraction, modification, or commercial exploitation is strictly prohibited without prior written authorization from the Provider.

6.2 — Luma Brand

The LUMA brand, logos, and all associated distinctive signs are registered trademarks or trademarks pending registration owned by APPFACTORY.

Any unauthorized use constitutes an infringement that may engage the civil and criminal liability of its author.

ARTICLE 7 — LIABILITY

7.1 — Limitation of Provider Liability

The Provider makes every effort to ensure the quality and relevance of the Services offered.

However, their liability cannot be engaged for:

• Indirect, immaterial, or consequential damages resulting from the use or inability to use the platform.
• Decisions made by the User based on the content provided by the platform, including exchanges with Elia.
• The content published by Users within the Community.
• Service interruptions due to maintenance operations, technical incidents, or force majeure.
• The Services may not meet the specific needs of the User.

7.2 — User Liability

The User is fully responsible for his use of the platform and the consequences of his publications within the Community.

He agrees to indemnify the Provider for any damage resulting from the use of the platform contrary to these Terms of Use or applicable regulations.

ARTICLE 8 — ACCOUNT SUSPENSION AND TERMINATION

8.1 — Termination by the User

The User can cancel his account at any time from his personal space (section 'Unsubscribe') or from the Unsubscribe page, without justification.

Termination results in the deletion of the account and all associated data under the conditions set forth in the Privacy Policy.

8.2 — Suspension or Termination by the Provider

The Provider reserves the right to suspend or terminate a User's account, effective immediately and without notice, in the event of:

• Serious or repeated violation of these Terms of Use, particularly the Community rules.
• Abusive, harassing behavior or infringement of the rights of other members.
• Fraudulent use or misappropriation of the Services.
• Providing incorrect information during registration.
• Non-payment or abusive contestation of a payment.

In the event of termination for any of these reasons, the User will not be entitled to any refund and may be prohibited from creating a new account.

ARTICLE 9 — MISCELLANEOUS PROVISIONS

9.1 — Entirety

These Terms of Use, read together with the Terms of Sale, Subscription Terms, Privacy Policy, and Cookie Policy, constitute the entire agreement between the Provider and the User regarding the use of the platform.

9.2 — Divisibility

If any clause of these Terms of Use is declared null or unenforceable by a competent jurisdiction, the other clauses remain in effect.

A null clause is replaced by the legal clause closest to the original intent of the parties.

9.3 — Governing Law and Jurisdiction

These Terms of Use are governed by French law.

In case of disputes regarding their interpretation or execution, and failing amicable resolution, only the competent French courts will be authorized to hear them.

In accordance with Article R. 631-3 of the Consumer Code, the consumer User may bring the case to the jurisdiction of the place where they resided at the time of the conclusion of the contract.

9.4 — Contact

For any questions regarding these General Terms of Use or the use of the platform, the User can contact the Provider:

• By email: contact@luma.coach
• Via the contact form: Contact page.