Terms of Service
Last updated: 18.4.2024
INTRODUCTION
Welcome to LukyLab's Apps and Websites. Please read this Terms of Service agreement carefully before accessing or using our Apps and Websites. By using our Services, you agree to comply with these terms. If you do not agree, you may not use our Services.
ABOUT
LukyLab s.r.o., based in Prague, Czech Republic, operates the Apps and Websites. We are independent developers with registration ID: 29019559, located at Salvátorská 931/8, Staré Město, 110 00 Praha 1, Czech Republic.
DEFINITIONS
- “Agreement” refers to this Terms of Service document and all other policies and procedures referenced herein.
- “LukyLab,” “LuckyApps”, “We,” “Our,” and “Us” refer to LukyLab s.r.o. and our affiliates.
- “Service” or “Services” refer to our applications, websites, and related offerings.
- “User,” “You,” and “Your” refer to the individual or entity using our Services.
- “AI Model” refers to artificial intelligence models used to generate content.
- “Input” refers to the text or data submitted by users for AI processing.
- “Output” refers to the content generated by the AI Models.
- “AI Provider” refers to companies that develop AI Models used in our Services.
- “Content” includes all content available via our Services.
- “Credits” refer to virtual credits used within our Services.
WHO WE ARE
LukyLab is a private limited liability company based in Prague, Czech Republic, European Union. We are independent developers.
ACCEPTABLE USE POLICY
While using the Service, you must follow this Acceptable Use Policy.
Compliance with Laws and Regulations
Your use of the Website and the Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in Your jurisdiction. You are responsible for making sure that Your use of the Service is in compliance with laws and any applicable regulations. Users must comply with all applicable laws and must not use our Services for harmful or illegal activities. Misuse of AI Models to generate inappropriate content is prohibited.
Content Restrictions
You agree that You will not under any circumstances upload, post, host, or transmit any content that is unlawful or promotes unlawful activities; is or contains sexually obscene content; is libelous, defamatory, or fraudulent; is discriminatory or abusive toward any individual or group; contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Conduct Restrictions
While using Website and Service, You agree that You will not under any circumstances harass, abuse, threaten, or incite violence towards any individual or group, including LukyLab employees, officers, and agents, or other LukyLab Users; use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes; attempt to disrupt or tamper with LukyLab's servers in ways that could harm our Website or Service, to place undue burden on LukyLab's servers through automated means, or to access LukyLab's Service in ways that exceed your authorization; impersonate any person or entity, including any of our employees or representatives, including through false association with LukyLab, or by fraudulently misrepresenting your identity or site's purpose; or violate the privacy of any third party, such as by posting another person's personal information without consent.
Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use the Service, or access the Service without LukyLab's express written permission.
Scraping
Scraping refers to extracting data from our Website via an automated process, such as a bot or web crawler. You may not scrape our Website.
Excessive Use
If we determine your usage to be significantly excessive, we reserve the right to suspend or terminate Your access to our Website and Service.
User Protection
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
AI Features: Collection and Use of User Input
When you use AI-powered features in our apps, we collect and process the information you provide to interact with these features, including but not limited to:
- The text, message, prompt, command, image, or file you submit (“User Input” and/or “userMessage”)
- Any supporting data or context you provide related to your AI interaction
- The AI-generated output provided to you in response
Your User Input is necessary to generate the requested content or result (such as text, images, code, or other outputs). This User Input is sent to our third-party AI service providers (such as OpenAI, Replicate, Anthropic, OpenRouter, etc.) strictly for the purpose of processing your request and delivering the AI-generated response.
We may analyze User Input to:
- Operate and provide AI-powered services
- Monitor use and protect against misuse or prohibited content
- Improve, test, and develop our products (in aggregate, non-personally identifiable form unless you have given consent)
AI Features: Usage Limits and Rate Limiting
To ensure fair and reliable access to our artificial intelligence (AI) features, LukyLab applies usage limits and/or rate limits to certain functionalities within our Services (“AI Usage Limits”). These limits may include, but are not limited to, restrictions on the number of requests, queries, credits consumed, content generated, or data processed by a user or account over a specific period of time (e.g., per minute, hour, day, month, or any other period defined by us).
LukyLab reserves the right to, without notice or liability:
Establish, adjust, or modify such AI Usage Limits at any time, at our sole discretion;
Temporarily or permanently restrict, throttle, suspend, or terminate access to AI features if these limits are exceeded or if we determine, at our sole discretion, that usage indicates potential misuse, abuse, or circumvention of these restrictions;
Monitor use of the AI features for compliance with these Terms and applicable limits.
These limits are designed to protect both our infrastructure and other users, and to prevent abuse or excessive consumption of resources. Depending on your subscription or purchased credits, you may have access to different usage levels or quotas. For more information about current limits, please refer to our app documentation, help section, or contact our support team.
Attempts to bypass, circumvent, or interfere with our AI Usage Limits may result in suspension or termination of your access to our Services.
COPYRIGHT INFRINGEMENT
If You believe that content on our website violates your copyright, please contact us. If You are a copyright owner and you believe that content on LukyLab violates Your rights, please contact us as well. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, You must consider legal uses such as fair use and licensed uses. We will terminate access to the Service to repeat infringers of this policy.
INTELLECTUAL PROPERTY NOTICE
We own the Service and all of our content. For You to use our content, we give You certain rights to it, but You may only use our content in the way we have allowed.
Rights to Content
By using our Services, users grant us a license to use their Inputs and Outputs. We may use user-generated content for marketing purposes, and users retain ownership of their content.
LukyLab and our licensors, vendors, agents, and/or content providers retain ownership of all intellectual property rights related to the Website and the Service. We reserve all rights that are not expressly granted to You under this Agreement or by law.
ACCOUNT CREATION AND MANAGEMENT
Users can create accounts using various methods, including Apple Sign-In, email/password, or other means. Account deletion is available at the user's discretion.
DATA COLLECTION AND ANALYTICS
We collect analytics and crash data using Firebase, Google Analytics, and other services. This data helps improve our Services but is handled in compliance with applicable data protection laws.
USE OF AI MODELS
Our Services incorporate AI features provided by third-party AI Providers such as Replicate, Black Forest Labs, OpenAI, OpenRoter, etc. Users must comply with the terms of these providers, which are accessible on their respective websites. By using our AI features, users agree to adhere to all applicable laws and the third-party terms linked below:
- Black Forest Labs Terms of Service
Users are solely responsible for the legality of their Inputs and Outputs. Users warrant that they have all necessary rights to provide their Inputs and that such Inputs will not infringe any third-party rights or violate any laws.
PAID SERVICES
We may provide paid services as part of our Service. If You decide to use them, You are responsible for any fees associated with Your use of LukyLab's paid services. We are responsible for communicating those fees to you clearly and accurately.
Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of our paid services. By using our paid services, you agree to pay LukyLab any charge incurred in connection with your use of the paid services. You are responsible for providing us with a valid means of payment for paid Service.
Using third-party services
We may use third-party services for managing some parts of our Service, distribution of our Apps, and processing and collecting payments. For now, we use Apple App Store and Google Play Store for the distribution of our Apps and RevenueCat for managing premium subscriptions.
SUBSCRIPTIONS
Some parts of our Services are only available to Users who pay premium subscription fees.
Subscription Period
You can choose the subscription period within Apps.
Subscription Cancelation
You may cancel your subscription at any time. Since we are using the Apple App Store and Google Play Store to distribute our Apps, you can cancel your subscription within your account in the Apple App Store or Google Play Store. You can find out more information regarding Apple's cancelation policy at https://support.apple.com/cs-cz/HT202039 and Google's cancelation policy at https://support.google.com/googleplay/answer/2479637
Refunds
In general, subscription fees are non-refundable, however, if you feel that we should refund You, get in touch with us. We don’t want unhappy Users.
Free Trials
We may offer a free trial period for our premium subscriptions, but we reserve the right to cancel or limit these free trials at any time.
CREDITS
Credits are used for certain features within our Services and are usually purchased via in-app purchases. Credits are non-transferable, non-refundable, and expire 12 months after purchase. Credits are not money or a substitute for money. They don't give you any ownership rights and can only be used in our Services. Credits are a way to measure your use of our Services, and cannot be exchanged for real money.
Promotions and Discounts
We may offer promotions, discounts, and other ways to promote our Service and premium subscriptions, but again, we reserve the right to cancel or limit these at any time.
CANCELLATION AND TERMINATION
LukyLab has the right to suspend or terminate Your access to all or any part of the Website or the Service at any time, with or without cause, with or without notice, effective immediately. LukyLab reserves the right to refuse service to anyone for any reason at any time.
Survival
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
COMMUNICATION WITH US
We use email, chatbots, messaging, and other electronic means to stay in touch with our users.
Electronic Communication Required
For contractual purposes, You (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all terms, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Legal Notice to LukyLab Must Be in Writing
Communications made through email or Service will not constitute legal notice to LukyLab or any of its officers, employees, agents, or representatives in any situation where notice to LukyLab is required by contract or any law or regulation. Legal notice to LukyLab must be in writing and served on LukyLab's legal agent.
No Phone Support
LukyLab only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
DISCLAIMER OF WARRANTIES
Our Services are provided "as is" without any warranties. We are not liable for any damages arising from the use of our Services.
We try to make our products and services up-to-date, secure, and accurate, but we can make no warranties about this. When you use our Service, you do so at your own risk. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and the Service (or any part of it) with or without notice.
LukyLab provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
LukyLab does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable, or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from downloading and/or use of Websites, Apps, files, information, content, or other material obtained from the Service.
LIMITATION OF LIABILITY
We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to You.
You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages; Your use or inability to use the Service; any modification, price change, suspension or discontinuance of the Service; the Service generally or the software or systems that make the Service available; unauthorized access to or alterations of your transmissions or data; statements or conduct of any third party on the Service; any other user interactions that you input or receive through Your use of the Service; or any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy outlined in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
RELEASE AND INDEMNIFICATION
You are responsible for Your use of the Service. If You harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release LukyLab from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of Your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that LukyLab (1) promptly gives You written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases LukyLab of all liability); and (3) provides to You all reasonable assistance, at Your expense.
CHANGES TO THESE TERMS
We may update these Terms from time to time. Continued use of our Services constitutes acceptance of the new terms.
MISCELLANEOUS
Governing Law and Jurisdiction
This Agreement and any access to or use of the Website or the Service are governed by the laws of the Czech Republic and the European Union, without regard to conflict of law provisions. Both you and LukyLab agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Prague, Czech Republic. If your primary user base is located outside these jurisdictions, consider consulting with legal experts to ensure compliance with local laws.
Non-Assignability
LukyLab may assign or delegate these Terms of Service and/or the LukyLab Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you are void.
Section Headings and Summaries
Throughout this Agreement, some sections include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the party's original intent. The remaining portions will remain in full force and effect. Any failure on the part of LukyLab to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Amendments
This Agreement may only be modified by a written amendment signed by an authorized representative of LukyLab, or by the posting by LukyLab of a revised version.
Complete Agreement
These Terms of Service, together with the Privacy Policy and Legal Notices, represent the complete and exclusive statement of the agreement between You and Us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between You and LukyLab relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Changes to These Terms
We may change these Terms of Service as well as Privacy Policy from time to time. The new version of these Terms will be available on this Website.
Feedback and Questions
We welcome feedback. Also, if you have any questions about the Terms of Service, contact us at info@lukylab.com.