LUMAHouseUK · Legal
Terms and Conditions
Prepared in accordance with the law of England and Wales
Last updated: 6 November 2026
These Terms and Conditions (“Terms”) govern your access to and use of the LUMAHouseUK mobile application and any associated website and services (together, the “Service”), provided by LUMA HOUSE GROUP LTD, trading as LUMAHouseUK, a company registered in England and Wales (company number 17515117) whose registered office is at Moss Cottage, Moss Lane, Tarporley, Cheshire, CW6 0LE, United Kingdom (“LUMAHouseUK”, “we”, “us”, or “our”). In these Terms, “you” and “your” refer to the individual using the Service.
Key terms in brief
A summary only - the full terms below apply.
- LUMAHouseUK is an artificial intelligence companion you can talk to by voice or text. You are not talking to a human. It is not a doctor, therapist, crisis line or emergency service (clauses 4 and 5).
- If you or someone else is in danger, contact your local emergency services straight away. Help services in many countries are listed at findahelpline.com (clause 4.4).
- We use automated tools that try to spot risk of harm and point you to help. They are imperfect, and we do not promise to detect a crisis or to step in. Luma does not contact emergency services, or anyone else, on your behalf (clause 5).
- Your subscription renews automatically until you cancel, and refunds are limited, subject to your legal rights (clause 7).
- Our liability is capped, except where the law does not allow that. Nothing limits liability for death or personal injury caused by our negligence, or for fraud (clause 17).
- Your legal rights as a consumer where you live are not affected (clauses 16.3, 17.1 and 23.3).
- These Terms are governed by the law of England and Wales. Consumers can use the courts where they live where the law gives them that right (clause 23).
1. Definitions and Interpretation
1.1 In these Terms, the following words have the following meanings, unless the context requires otherwise:
- “Account” means the account you register in order to access the Service;
- “App” or “Service” means the LUMAHouseUK mobile application, together with any associated website and related services;
- “Content” or “Your Content” means any text, messages, or other material you submit to the Service, including in conversations with the AI companion;
- “Privacy Policy” means our privacy policy, as updated from time to time, which explains how we process personal data;
- “Regional Terms” means the supplementary terms for particular countries or regions set out in Schedule 1;
- “Subscription” means a paid, recurring subscription to the Service;
- “Terms” means these terms and conditions, as updated from time to time in accordance with clause 19 (Changes to These Terms);
- “we”, “us”, “our”, and “LUMAHouseUK” mean LUMA HOUSE GROUP LTD (company number 17515117), trading as LUMAHouseUK, as further described in the introduction to these Terms; and
- “you” and “your” mean the individual using the Service.
1.2 Clause headings are for convenience only and do not affect the interpretation of these Terms.
1.3 A reference to a statute or statutory provision includes that statute or provision as amended, re-enacted, or replaced from time to time.
1.4 In these Terms, “including” and similar words do not limit the words that come before them; “writing” includes email; and a “consumer” is an individual acting wholly or mainly outside their trade, business, craft, or profession, or has the equivalent meaning under the law that applies to you.
2. Acceptance of These Terms
2.1 By creating an account, downloading, installing, or otherwise using the Service, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the Service.
2.2 These Terms, together with any Regional Terms that apply to you, form the agreement between you and us in relation to your use of the Service, as further described in clause 22.1. Our Privacy Policy explains how we process personal data; it is provided for information and does not form part of that agreement.
2.3 We may update these Terms from time to time in accordance with clause 19 (Changes to These Terms).
2.4 We keep a record of your acceptance of these Terms, including the version you accepted and the date and time, and we may use that record as evidence of your agreement.
3. Eligibility
3.1 The Service is designed for adults. When you sign up, you will be asked to tick a box confirming that you agree to these Terms and that you have read our Privacy Policy.
3.2 We may suspend or terminate an account if we reasonably believe the Service is not suitable for the person using it, and will deal with their personal data in accordance with our Privacy Policy.
3.3 The Service is not designed for, or directed at, children.
3.4 The Service is made available worldwide, subject to any country or region in which we restrict or do not offer the Service. You are responsible for ensuring that your use of the Service is lawful in the place where you are located. Emergency numbers and crisis support services differ from country to country; clause 4.4 and clause 5 explain how we try to direct you to appropriate support wherever you are.
3.5 If you provide false or inaccurate information in order to access the Service, or if we later determine that you do not meet the eligibility requirements in this clause 3, we may immediately suspend or terminate your account and, except where the law requires a refund, we need not refund any amount you have paid, in addition to any other rights available to us.
3.6 We may decide not to offer, or to restrict, the Service in particular countries or regions, for legal, regulatory, or commercial reasons. The Service is offered from the United Kingdom, and we make no representation that it is appropriate or available for use in every country. If we do not offer the Service where you are, you must not use it, and you must not use a VPN, false location information, or any other means to avoid a restriction. Those who choose to access the Service from other locations do so on their own initiative and are responsible for complying with local laws, to the extent those laws apply.
4. About the Service and Important Limitations
4.1 LUMAHouseUK is an artificial intelligence companion application designed to provide conversational support and companionship, including by voice and text.
4.2 LUMAHouseUK is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical or mental health condition.
4.3 LUMAHouseUK is not a substitute for professional medical, psychiatric, psychological, legal, financial, or other professional advice, diagnosis, or treatment. Responses generated by the Service are produced by an artificial intelligence system and may be incomplete, inaccurate, or unsuitable for your circumstances.
4.4 LUMAHouseUK is not a crisis, emergency, or safeguarding service. If you are in crisis, in danger, or believe that you or someone else may be at risk of harm, you must contact the emergency services for the country you are in (for example, by calling your local emergency number), attend your nearest hospital emergency department, or contact a dedicated crisis or helpline service immediately. Details of crisis and helpline services in many countries are available through ThroughLine at findahelpline.com. You must not rely on the Service for this purpose. Clause 5 (Safety Monitoring, Signposting and the Limits of Our Role) sets out this limitation in more detail.
4.5 You should always seek the advice of a qualified healthcare professional, or other appropriately qualified professional, with any questions you may have about a medical or mental health condition, medication, or any other matter requiring professional judgement. Never disregard professional advice, or delay seeking it, because of something generated by the Service.
4.6 You are solely responsible for any decisions or actions you take, or do not take, in reliance on content generated by the Service.
4.7 You are interacting with an artificial intelligence system and not with a human being. The companion is not a real person, does not have human feelings or experiences, and is not a replacement for human relationships or professional care. We may remind you of this from time to time while you use the Service.
4.8 Features: the Service may let you talk by voice; remember things you tell it (“memories”) so that later conversations feel continuous; search the internet; keep contacts, reminders and calendar events; and, if you choose to connect them, use your phone and calendar, including adding or changing events when you ask. Connecting is optional, your phone asks for your permission first, and you can switch it off at any time in your phone’s settings. Memories and other information we keep are described in our Privacy Policy. Memories are saved automatically as you chat, and there is no setting to turn this off. You can view, edit and delete memories in Profile & Memories, but the Service may start saving new memories from your next chat. You can also delete conversations and your account in the Service’s settings.
4.9 Reminders, notifications, calendar connections, search and memories are conveniences only. They may be late, missing, incomplete or wrong, and search results come from third-party sources we do not control. You must not rely on the Service for time-critical or safety-critical matters, including taking medication, medical appointments, travel, deadlines or payments.
4.10 SMS reminders: if you give us a mobile number, you agree that we may send reminder text messages to it, through our messaging provider, Twilio. Message and data rates from your mobile network may apply. The number must be yours. You can remove it, and so stop the messages, at any time in the Service’s settings.
4.11 Voice: we do not store your voice recordings ourselves. Our speech provider processes what you say so that the Service can respond, and the provider’s terms say it deletes the audio after 30 days. We do not create voiceprints to identify you. Our Privacy Policy explains this in more detail.
4.12 Please do not tell the Service about your health, medical conditions or medication. The Service is a companionship app, not a health app of any kind, and is not designed to receive or look after health information. If you choose to, we handle it only as set out in our Privacy Policy.
4.13 Push notifications: the Service may send you push notifications, such as reminders you have asked for and check-ins on plans that include them. We send them only if you allow notifications on your device, and you can switch them off at any time in your device’s settings. Notifications may appear on your device’s lock screen, where other people may see them, and they are delivered through Apple or Google. We will send marketing notifications only if you have agreed to them.
5. Safety Monitoring, Signposting and the Limits of Our Role
5.1 We use automated systems, including AI-based checks carried out by our service providers on our behalf, to try to detect messages that may indicate a risk of serious harm to you or to another person. Where our systems detect this, the Service may respond with specific in-app messaging, which may include showing you helpline numbers for your country and encouraging you to contact them yourself, including through ThroughLine (see clause 5.6). We may keep a condensed record of that event (a “safety record”) as set out in clause 5.9. Further detail is set out in our Privacy Policy.
5.2 These automated systems are not perfect, are not reviewed by a human in real time, and may fail to detect a genuine risk, may respond inappropriately, or may trigger a response where none was needed. You must not rely on the Service to identify or respond to a crisis correctly, or at all.
5.3 Our safety features are provided on a reasonable-endeavours basis, as described in this clause 5 and in our published safety information (see clause 5.7). We do not promise real-time monitoring, human review of messages, or that any particular risk will be detected. Except where the law requires otherwise, we do not undertake to intervene, to contact emergency services or any other person on your behalf, or to carry out a welfare check. Any signposting we provide is informational only, and you remain responsible for seeking appropriate help.
5.4 The Service does not contact emergency services, your emergency contacts or any other person on your behalf, does not carry out welfare checks, and does not have the ability to do so. We do not hold your precise location or contact details for this purpose (see clause 5.5), and you must not rely on us to take any such step. Where we reasonably believe there is an immediate risk to your life or safety, or to that of another person, or where we reasonably believe you are breaching these Terms, we may limit or suspend your access to the Service. Separately, we may disclose information to the authorities where the law requires or permits us to do so, as described in our Privacy Policy.
5.5 So that we can direct you to crisis support that is relevant to where you are, we may determine your approximate country (not your precise location) using your device’s IP address, the country or region of your app store account, and the country you give us in your account settings. We do not use your device’s precise (GPS) location for this purpose. Please keep the country in your account settings accurate and up to date. Our Privacy Policy explains what location information we collect, why, and how long we keep it.
5.6 Where the Service signposts you to help, it may do so using the helpline directory provided by ThroughLine (findahelpline.com), a third-party service, and may share with ThroughLine the country associated with your account so that it can return suitable resources. ThroughLine is independent of us. We do not control, and are not responsible for, the availability, accuracy, or quality of any helpline or crisis service it lists, or of its directory. Our automated systems may identify your country incorrectly (for example, if you are travelling or using a VPN), and the services shown may not be available, appropriate, or open when you need them. Where we are unsure of your country, we will direct you to the ThroughLine directory generally rather than to a specific local number. If you are in immediate danger, call your local emergency number.
5.7 We publish information about how the Service is designed to respond to messages about suicide, self-harm, and other serious risks, and about the limits of those responses, on our website. That information forms part of our explanation of the Service but does not create any additional promise beyond what is stated in this clause 5.
5.8 Nothing in this clause 5 limits clause 4 (About the Service and Important Limitations).
5.9 Safety records: when our systems detect a possible risk of serious harm, we keep a condensed record of the event, being a summary of the relevant part of the conversation, why it was flagged and what the Service did. It is not a copy of the full conversation. You may delete your conversations, memories and account, but we keep the safety record, separately, for 24 months so that we can establish, exercise or defend legal claims and meet legal obligations. The three directors of the company are the only people who can access safety records, and only where that is needed in connection with a legal matter (for example, to establish or defend a legal claim or to respond to a legal request). You may ask for a copy of your safety record and may object to our keeping it, and we will consider your request in accordance with our Privacy Policy. After the period ends we delete the record. Our Privacy Policy explains how long we keep these records and why.
6. Your Account
6.1 To use the Service, you must register for an account and provide accurate, current, and complete information.
6.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
6.3 You must notify us promptly at marni@lumahouse.co.uk if you become aware of any unauthorised use of your account.
6.4 You may close your account at any time through the Service's account settings or by contacting us.
6.5 Deleting your account: you can delete your account in the Service’s settings (Settings → Delete my account). When your account is deleted you stop being a user and no longer have a Luma profile. You have 14 days to change your mind and undo the deletion. After that your account and data are deleted as described in our Privacy Policy (apart from the condensed safety record described in clause 5.9), and copies in our backups are cleared within 30 days. Deleting your account may not stop a subscription you bought through an app store, because the app store controls billing (see clause 7.10). Please cancel your subscription in your app store account before you delete your account.
6.6 Inactive accounts: if you do not use the Service for 24 months, we may delete your account and data (apart from the condensed safety record described in clause 5.9). We will send a warning email to the address on your account before we do so.
7. Subscription, Fees and Payment
7.1 Access to the Service is provided on a paid subscription basis. Current subscription plans and pricing are set out within the Service at the point of purchase.
7.2 By subscribing, you authorise us (or our third-party payment processor) to charge your chosen payment method on a recurring basis for the duration of your subscription, unless and until you cancel in accordance with clause 7.6.
7.3 Prices are shown at the point of purchase and, where your app store supports it, in your local currency. Prices include any sales tax, VAT, or similar tax that we or the app store are required to include for your location, unless stated otherwise.
7.4 We may change our subscription fees from time to time. We will give you at least 30 days' notice of any price increase before it takes effect on your next renewal. If you do not agree to a price increase, you may cancel your subscription before it takes effect in accordance with clause 7.6.
7.5 Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.
7.6 You may cancel your subscription at any time through your account settings or via your app store account. Cancellation takes effect at the end of your current billing period, and you will continue to have access to the Service until that date. We do not provide refunds or credit for any partial subscription period, except as set out in clause 7.7 or as required by law.
7.7 Right to cancel (digital content): if you are a consumer in the UK, you ordinarily have a legal right to cancel a contract for digital content within 14 days of subscribing, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you ask us to begin providing the Service immediately and acknowledge that you will lose this cancellation right once we have done so, you accept that you will not be entitled to a refund once you have started using the Service within the 14-day period. Nothing in this clause affects your other legal rights as a consumer, including under the Consumer Rights Act 2015.
7.8 If a payment cannot be processed for any reason, we may suspend or terminate your access to paid features of the Service until payment is successfully made.
7.9 If you live in the European Union, the European Economic Area, or another place where you have a statutory right to withdraw from or cancel a contract for digital content, that right applies as set out in the Regional Terms, and nothing in these Terms limits it.
7.10 If you subscribe through the Apple App Store or Google Play Store, the app store is responsible for processing your payment, and its terms govern billing, refunds, and tax. You may need to cancel or ask for a refund through the app store. Nothing in this clause limits any rights you have under applicable law.
8. Acceptable Use
8.1 You agree not to use the Service to:
(a) break any applicable law or regulation;
(b) harass, abuse, threaten, or harm another person, or attempt to use the Service to facilitate harm to yourself or others;
(c) impersonate any person or entity, or misrepresent your affiliation with any person or entity;
(d) attempt to reverse engineer, decompile, scrape, or extract the underlying models, source code, or data of the Service;
(e) generate, request, or distribute unlawful, abusive, hateful, or sexually explicit content involving minors, or any other content prohibited by our Acceptable Use Policy (where issued separately);
(f) interfere with or disrupt the integrity or performance of the Service, including through the introduction of malware, or attempt to gain unauthorised access to the Service or related systems; or
(g) use the Service for any commercial purpose not expressly authorised by us.
8.2 We reserve the right to investigate and take appropriate action against anyone who, in our reasonable opinion, violates this clause, including suspending or terminating their account.
9. Your Content and Licence
9.1 “Your Content” means any text, messages, or other material you submit to the Service, including in conversations with the AI companion. You retain ownership of Your Content.
9.2 By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, store, process, and reproduce it for the purposes of operating, providing, maintaining, securing, and improving the Service (excluding training or improving the underlying AI models, which is addressed separately in clause 9.3), in each case in accordance with our Privacy Policy.
9.3 We do not use Your Content to train AI models, and our AI providers act on our behalf under terms that do not allow them to use it to train their models. If we ever wish to use Your Content to train, evaluate or improve AI models, we will tell you first and, where the law requires, ask for your separate explicit consent, and we will not do so without it.
9.4 You must not submit any content that infringes the rights of a third party or breaches clause 8 (Acceptable Use).
9.5 We do not control, and accept no responsibility for, the accuracy or appropriateness of Your Content.
9.6 If you believe that any content on the Service infringes your rights or is unlawful, please tell us using the contact details in clause 24. We will review your notice and may remove or restrict the content where appropriate.
10. AI-Generated Content
10.1 Responses provided through the Service are generated using artificial intelligence and, except where we expressly state otherwise, are not reviewed by a human before being sent to you.
10.2 AI-generated responses may be inaccurate, outdated, biased, or unsuitable for your personal circumstances. We make no representation or warranty as to the accuracy, completeness, or reliability of any content generated by the Service.
10.3 You must exercise your own judgement, and seek independent professional advice where appropriate, before relying on or acting upon any content generated by the Service.
10.4 Subject to the licence we grant you to use the Service, all rights in the output generated by the Service in response to Your Content belong to us. You may use that output for your own personal, non-commercial purposes in connection with your use of the Service.
11. Intellectual Property
11.1 All intellectual property rights in the Service, including the LUMAHouseUK name, logo, software, and underlying technology, belong to us or our licensors.
11.2 Except as expressly permitted by these Terms or by applicable law, you may not copy, modify, distribute, sell, or lease any part of the Service, nor reverse engineer or attempt to extract the source code of the Service.
11.3 Licence to use the App: subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on devices that you own or control, for your own personal, non-commercial use. This licence ends when your account is closed or these Terms are terminated. We reserve all rights that are not expressly granted to you.
12. Privacy and Data Protection
12.1 We process personal data in accordance with our Privacy Policy, which explains what data we collect, how we use it, and your rights under the UK General Data Protection Regulation and the Data Protection Act 2018 and, where they apply to you, the data protection laws of the country or region in which you live.
12.2 Given the sensitive nature of some conversations you may have with the Service, please read our Privacy Policy carefully, particularly regarding how special category data (such as information about your health) is handled.
12.3 Our Privacy Policy explains how we handle personal data. It is provided for information and is not part of the agreement between you and us. Where there is a difference between these Terms and our Privacy Policy on how we handle personal data, our Privacy Policy describes what we do and applies.
12.4 Our Data Protection Lead is Charlotte Xu-To Ellis, who can be contacted using the details in clause 24 (Contact Us) on any data protection matter, including questions about this clause or our Privacy Policy, or to exercise your rights under the UK GDPR.
12.5 Because the Service is available worldwide, your personal data (including your approximate country and conversation content) may be processed in, or transferred to, countries outside the one in which you live, including the United Kingdom and the countries in which our service providers operate. Where we transfer personal data out of the United Kingdom, we do so in accordance with applicable data protection law and with appropriate safeguards, as described in our Privacy Policy.
12.6 Accepting these Terms is not the same as giving consent to the processing of special category data (such as health information). Before your first conversation we show you a one-time screen, as described in clause 12.8. You may take back your permission at any time by emailing us. Because the Service cannot work without sending what you say to our AI providers, taking back your permission means we will close your account and delete the health-related memories we hold, as explained in our Privacy Policy.
12.7 Where the law requires us to appoint a representative in the European Union or another territory, or to give you additional information about our processing, we will do so in our Privacy Policy.
12.8 Before your first conversation we show you a one-time screen explaining that what you say is sent to our AI providers, OpenAI and Anthropic, so that the Service can work. You must agree to this to use the Service. If you choose “not now”, you will not be able to talk to the companion. Our Privacy Policy explains who these providers are and what they do with your information.
12.9 Marketing: we will send you newsletters, marketing emails or marketing notifications only if you have agreed to receive them. You can unsubscribe at any time using the link in the email or by emailing us. We will still send you service messages, such as account and security emails and any reminders you have asked for.
13. Third-Party Services
13.1 The Service may reference or link to third-party services, including crisis and support helplines and helpline directories (such as ThroughLine at findahelpline.com and the organisations it lists). We do not control and are not responsible for the content, policies, availability, or practices of any third party.
13.2 The Service is powered in part by third-party artificial intelligence and technology providers acting on our behalf. Our Privacy Policy names them and explains what they do with your information. We are responsible to you for how we use them in providing the Service, but we do not control the underlying technology and cannot guarantee that it will always be available or accurate.
14. App Store Terms
14.1 Where you download the Service from the Apple App Store, you acknowledge that these Terms are entered into between you and us only, and not with Apple Inc. or its subsidiaries (“Apple”). We, not Apple, are solely responsible for the Service and its content.
14.2 Apple has no obligation to furnish any maintenance or support services for the Service.
14.3 In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the Service to you, to the extent required by applicable law. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
14.4 Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, claims that the Service fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
14.5 Apple is not responsible for the investigation, defence, settlement, or discharge of any claim that the Service, or your possession and use of it, infringes a third party's intellectual property rights.
14.6 You represent and warrant that you are not located in, or ordinarily resident in, a country or territory that is subject to a comprehensive embargo or sanctions under UK, US, EU, or UN law, or that is designated by the UK or US government as a “terrorist supporting” country, and that you are not listed on any government list of prohibited or restricted parties.
14.7 Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary of them.
14.8 Where you download the Service from the Google Play Store, clauses 14.1 to 14.7 apply with necessary modifications, with “Google” in place of “Apple” and “Google Play Store” in place of “Apple App Store”.
15. Suspension and Termination
15.1 We may suspend or terminate your access to the Service, in whole or in part, with immediate effect, if we reasonably believe you have breached these Terms, if required to do so by law, or if we reasonably believe your continued use of the Service poses a risk to you, to us, or to others.
15.2 We may also suspend or withdraw the Service, in whole or in part, for operational reasons (including maintenance or business reasons), giving you reasonable notice where practicable.
15.3 On termination of your account for any reason, your right to use the Service will immediately cease. Clauses which by their nature should survive termination (including clauses 1, 4, 5, 9, 11, 12, 16, 17, 18, and 23) will continue to apply.
16. Disclaimers
16.1 The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we exclude all representations, warranties, and conditions relating to the Service, whether express or implied, including (without limitation) any implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement.
16.2 We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
16.3 Nothing in this clause excludes or limits your statutory rights as a consumer in relation to digital content under the Consumer Rights Act 2015, including your rights to a repair, a replacement, a price reduction, or a refund where the Service does not conform to the standards required by that Act. Clause 16.1 excludes only those warranties and conditions that we are permitted to exclude by law.
16.4 Some countries do not allow certain warranties to be excluded. In those countries, clause 16.1 applies only to the fullest extent permitted by the law that applies to you.
17. Limitation of Liability
17.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by law, including under any mandatory consumer protection law of the country in which you live.
17.2 Subject to clauses 17.1 and 17.6, we will not be liable to you for any loss of profits, business or goodwill, or for any indirect or consequential loss that was not a reasonably foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.
17.3 Subject to clauses 17.1, 17.5 and 17.6, our total aggregate liability to you arising out of or in connection with these Terms or your use of the Service, whether in contract, tort (including negligence), or otherwise, will not exceed the greater of (a) the total amount you paid us for the Service in the 12 months preceding the event giving rise to the claim and (b) £500 (or its equivalent in your local currency).
17.4 You acknowledge that the Service is a companionship tool and not a medical, clinical, emergency, or safeguarding service, and that clauses 4 (About the Service and Important Limitations) and 5 (Safety Monitoring, Signposting and the Limits of Our Role) form an essential basis of the agreement between us.
17.5 Some countries and states do not allow certain liabilities to be excluded or limited, including liability for gross negligence, wilful misconduct, or under mandatory consumer protection law. In those places, clauses 17.2 and 17.3 apply only to the fullest extent permitted by the law that applies to you.
17.6 If you are a consumer, nothing in these Terms limits your rights under the Consumer Rights Act 2015 or equivalent law where you live, including your remedies if digital content we supply damages your device or other digital content, or any liability for loss that was a reasonably foreseeable result of our breach of these Terms or our failure to use reasonable care and skill that the law does not allow us to exclude or limit.
18. Indemnity
18.1 If you are not a consumer, you agree to indemnify and hold us harmless against any claims, losses, liabilities and expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Service. If you are a consumer, you are responsible for loss that we suffer as a foreseeable result of your breach of clause 8 (Acceptable Use) or your unlawful use of the Service, and nothing in this clause limits your statutory rights as a consumer or makes you liable for more than the law allows.
19. Changes to These Terms
19.1 We may revise these Terms from time to time for valid reasons, including to reflect changes to the Service or its features, changes in law, regulation or regulator guidance, changes in how we or our service providers operate the Service, to correct errors, or to make the Terms clearer or fairer.
19.2 Where we make material changes, we will give you at least 30 days’ notice (such as by email or an in-app notice) before they take effect, except where a shorter period is required by law or is necessary for safety or legal compliance. For changes that materially affect your rights or obligations, including changes to clauses 5, 7, or 9.3, we will ask you to confirm your acceptance in the Service. If you do not accept the changes, you may stop using the Service and cancel your subscription in accordance with clause 7.6 before they take effect. If you are a consumer and a change is materially to your disadvantage, you may also end your subscription before it takes effect and we will refund any amount you paid for the period after the change takes effect, subject to clause 7.10. Otherwise, where the law allows, your continued use of the Service after the changes take effect will be treated as your acceptance of the revised Terms.
20. Complaints
20.1 If you have a complaint about the Service, please contact us at marni@lumahouse.co.uk. We will aim to acknowledge your complaint within 5 working days and to resolve it as promptly as possible.
20.2 If we are unable to resolve your complaint to your satisfaction, you may wish to seek independent guidance from Citizens Advice or an alternative dispute resolution (ADR) provider. We will consider participating in ADR on a case-by-case basis if you ask us to, although we do not currently commit to a specific ADR scheme.
20.3 Before starting any legal proceedings against us, we ask that you contact us using the details in clause 24 and give us 30 days to try to resolve the matter informally. This does not prevent either of us from seeking urgent court relief, and it does not limit any right you have under mandatory law.
21. Notices
21.1 Any notice we give you under these Terms will be sent to the email address associated with your account, or given by an in-app or push notification.
21.2 Any notice you give us under these Terms must be sent in writing to the email or postal address given in clause 24 (Contact Us).
21.3 A notice is deemed received: if sent by email, 24 hours after sending, provided the sender does not receive an automated delivery-failure message; if sent by post, 2 business days after posting.
22. General
22.1 Entire agreement: these Terms, together with any Regional Terms that apply to you, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings. Our Privacy Policy is provided for information and is not part of that agreement.
22.2 Severability: if any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
22.3 No waiver: our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
22.4 Assignment: you may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to a third party, including in connection with a merger, acquisition, or sale of assets, provided this does not materially reduce your rights under these Terms.
22.5 Force majeure: we will not be liable for any failure or delay in performing our obligations under these Terms where this results from circumstances beyond our reasonable control.
22.6 Non-reliance: nothing in this clause 22.6 limits or excludes any liability for fraud or fraudulent misrepresentation. If you are not a consumer, you acknowledge that you have not entered into these Terms in reliance on, and will have no remedy in respect of, any statement, representation, warranty, or understanding (whether made innocently or negligently) other than as expressly set out in these Terms. If you are a consumer, nothing in this clause affects your rights in relation to information we gave you before you subscribed.
22.7 Third-party rights: except for Apple and Google as set out in clause 14, no person other than you and us has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
22.8 Language: these Terms are written in English. If we provide a translation, it is for convenience only and, to the extent permitted by the law that applies to you, the English version prevails.
22.9 Relationship: nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
23. Governing Law and Jurisdiction
23.1 Subject to clauses 23.2 to 23.4, these Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the law of England and Wales.
23.2 If you are not a consumer, the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms. If you are a consumer, you may bring proceedings in the courts of England and Wales or, where the law gives you that right, in the courts of the country in which you live. If you are a consumer, we will bring proceedings against you only in the courts of the country in which you live, where the law requires that.
23.3 If you are a consumer living outside the United Kingdom, nothing in these Terms deprives you of the protection of any mandatory consumer protection law of your country of residence, or of any right you have under that law to bring proceedings in the courts of that country. The choice of English law applies to you only to the extent that it does not reduce those mandatory protections.
23.4 The Regional Terms in Schedule 1 apply to you if you live in, or use the Service from, the country or region concerned. If there is a conflict between the Regional Terms and the rest of these Terms, the Regional Terms prevail for users in that country or region.
24. Contact Us
LUMA HOUSE GROUP LTD (trading as LUMAHouseUK)
Moss Cottage, Moss Lane
Tarporley, Cheshire
CW6 0LE, United Kingdom
Email: marni@lumahouse.co.uk
Company number: 17515117 (registered in England and Wales)
Data Protection Lead: Charlotte Xu-To Ellis (charlie@thaifoodmadeeasy.com)
Schedule 1: Regional Terms
Part A: European Union and European Economic Area
A.1 Nothing in these Terms affects the mandatory rights you have as a consumer under the law of the country where you live, including your rights if digital content or a digital service does not conform to the contract.
A.2 You have the right to withdraw from your subscription within 14 days of subscribing, without giving a reason. If you ask us to start providing the Service during that period, you must expressly confirm that request and acknowledge that you will lose your right of withdrawal once the Service has been fully provided, or, where the law allows, a proportionate payment may be due for the Service already provided.
A.3 If you are a consumer, you may bring proceedings in the courts of the country in which you live, and clause 23 applies subject to that right.
Part B: United States
B.1 Some states do not allow the exclusion of implied warranties or the limitation of certain liabilities. Clauses 16 and 17 apply to you only to the extent permitted by the law of the state in which you live.
B.2 Your subscription is an automatically renewing subscription. We will comply with applicable automatic-renewal laws, including by making our renewal terms clear before you subscribe and by allowing you to cancel online in the way described in clauses 7.6 and 7.10.
B.3 The Service is designed for adults and is not directed at children.
Part C: All other countries
C.1 Nothing in these Terms affects any mandatory consumer protection or other right you have under the law of the country where you live.