Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you ("you", "Customer") and AB Tools, sole proprietorship of Abramo Benedetti — VAT ID IT02742450469, Via M. Bertini 32, 55100 Lucca, Italy ("Lumiqa", "we", "us"). They govern your access to and use of the Lumiqa platform, including the website at lumiqa.io, the dashboard, the REST API, the MCP server, and any related services (collectively, the "Service"). By creating an account or using the Service, you accept these Terms. If you don't agree, do not use the Service.

1. Who we are

Lumiqa is operated by AB Tools, sole proprietorship of Abramo Benedetti, registered in Italy under VAT ID IT02742450469, with registered office at Via M. Bertini 32, 55100 Lucca, Italy. Contact: [email protected].

2. Your account

• You must be at least 16 years old (or the age of digital consent in your country) to create an account.
• You are responsible for keeping your credentials safe, for all activity on your account, and for any agent (human or AI) you authorize to access your workspace.
• One person or legal entity may operate multiple workspaces under one account; abusing free-tier limits by creating multiple accounts is not allowed.
• You must provide accurate billing information. We may suspend access if billing details are invalid.
• If you sign up on behalf of a company, you confirm you have authority to bind that company to these Terms.

3. Acceptable use

You must not, and must not allow your AI agents or team members to:

• Upload content that is illegal, infringing, defamatory, or violates third-party rights (including copyright, trademark, privacy, publicity, or moral rights);
• Upload malware, viruses, exploit code, CSAM, or any content prohibited by law;
• Use Lumiqa to harass, threaten, defame, or impersonate any person;
• Attempt to gain unauthorized access to other workspaces, accounts, or our infrastructure;
• Reverse engineer, decompile, or attempt to extract source code (beyond what local law expressly permits);
• Resell, sublicense, or expose the Service as a competing product, except as expressly allowed for the Team plan's white-label feature;
• Use the Service to generate or distribute spam, deceptive content, or content that violates platform policies of connected services (Meta, Google, LinkedIn, TikTok);
• Circumvent technical limitations (rate limits, quotas, storage caps).

We may remove offending content, suspend workspaces, or terminate accounts that violate these rules. For serious or repeated violations, we will not issue refunds.

4. Your content and ownership

You keep ownership of everything you upload. Lumiqa does not claim any intellectual property rights over your videos, audio, project metadata, comments, or any other material you create in your workspace ("Your Content").

To operate the Service, you grant Lumiqa a worldwide, non-exclusive, royalty-free, sub-licensable (only to our sub-processors listed in the Privacy Policy) license to:

• Host, transcode, deliver, and stream Your Content through the Service;
• Generate thumbnails, transcripts, and metadata necessary to make Your Content reviewable;
• Process Your Content via AI features only when you (or your authorized agent) explicitly invoke an AI tool;
• Distribute Your Content to third-party platforms (Meta, Google, LinkedIn, TikTok) only when you initiate a publishing action.

This license terminates when you delete Your Content or your account, except for backups (purged within 30 days) and billing/legal records (retained as required by law).

We do not train AI models on Your Content. Your Content is never used for machine learning training, neither by Lumiqa nor by any sub-processor.

5. MCP and REST API usage

Lumiqa exposes a native MCP (Model Context Protocol) server and a REST API. You may build integrations, agents, and applications on top of these interfaces, subject to these Terms.

• API keys (lk_live_*) are issued per workspace and must be kept confidential. You are responsible for any action taken with your keys.
• Rate limits and quotas depend on your plan. Repeated abuse may result in throttling, key revocation, or termination.
• You may publish your own MCP wrappers, SDKs, or examples (we have public Apache-2.0 examples on GitHub).
• You must not use the API to mirror or rebuild the Service for resale.
• We may change endpoints with deprecation notice via the /docs changelog and email to active API users. Major breaking changes get at least 30 days' notice.

5-bis. Autoposting and publishing to connected platforms

Lumiqa can publish video content to third-party platforms (YouTube, Instagram, TikTok, Facebook, LinkedIn) on your behalf, immediately or on a schedule, after you connect those accounts via OAuth. By enabling this feature you agree to the following.

• You are responsible for the content you publish. You confirm you own or have all necessary rights to the videos, audio, captions, thumbnails and other material you queue for publishing, and that publishing it does not infringe any third party's rights or violate any law.
• You must comply with each platform's own rules. Your published content is subject to the terms, community guidelines and content policies of the destination platform (YouTube, Meta, TikTok, LinkedIn). You are responsible for staying within their rules — including their bans on spam, deceptive content, prohibited claims, and overlaid watermarks or branding where the platform forbids them (e.g. TikTok). Violations may lead the platform to remove your content, restrict, or terminate your account there; that is between you and the platform.
• You authorize Lumiqa to act as your agent for publishing only. We use your connected-account tokens solely to perform the publishing actions you instruct. We never post content you did not explicitly queue or schedule.
• No guarantee of publication. Publishing depends on the third-party platform's API, which can reject, delay, throttle, downgrade visibility (e.g. force a video private when an app's API access is not fully approved), or fail for reasons outside our control. Lumiqa does not guarantee that any post will be published, published on time, published publicly, or remain online. We make a reasonable attempt and report the status back to you.
• Scheduled posts. A scheduled post runs at approximately the time you set, subject to queue processing and platform availability; exact timing is best-effort. If a platform connection has expired or been revoked when a scheduled post runs, the post will fail and be marked accordingly.
• Quotas and limits. Platforms impose their own publishing limits (for example Instagram ~100 posts per 24 hours, YouTube daily upload quotas, TikTok per-user rate limits). When a limit is reached, posts may fail or be deferred. These limits are set by the platforms, not by Lumiqa.
• Liability. To the maximum extent permitted by law, Lumiqa is not liable for the consequences of content published through autoposting — including platform penalties, removed posts, reputational impact, or a post going out at the wrong time or to the wrong account — nor for any platform's refusal or failure to publish. The limitation of liability in section 11 applies.

6. AI outputs disclaimer

Lumiqa is not liable for damages arising from automated decisions made by an AI agent connected to your workspace. If your agent publishes incorrect content, mis-tags a video, or sends a wrong file to a client, the responsibility is yours — keep a human in the loop where the stakes are high.

7. Billing, plans, refunds

7.1 Plans

• Free Developer — €0/month: 1 workspace, 100 uploads/month, 1 GB storage, API + MCP access, community support.
• Pro — €29/month: 1000 uploads/month, 50 GB, unlimited team members, full MCP, priority email support.
• Team — €99/month: 5 included members, multi-workspace, white-label, dedicated API limits, priority support.

Current pricing and quotas are published at lumiqa.io/#pricing. We may change pricing for new subscriptions at any time; existing paid subscribers are notified at least 30 days before any price increase.

7.2 Payment

Paid plans are billed monthly in advance via Stripe Payments Europe Ltd. By subscribing you authorize recurring charges until you cancel. VAT and applicable local taxes are added at checkout based on your billing country.

7.3 Trial

Pro and Team plans may include a free trial period (currently 14 days). No charge is made during the trial. At the end of the trial we charge the standard price unless you cancel.

7.4 EU consumer right of withdrawal

EU consumers have a 14-day right of withdrawal for digital services under EU Directive 2011/83/EU. By starting your subscription or trial and using Lumiqa during the withdrawal period, you expressly consent that the digital service begins immediately and you waive the 14-day withdrawal right per Article 16(m) of Directive 2011/83/EU. This does not affect your statutory rights as a consumer.

7.5 Refunds

Subscriptions are non-refundable for partial periods. If a charge is clearly erroneous (double billing, charge after cancellation, technical failure on our side) we issue a full refund within 14 days of being notified at [email protected]. Annual plans, if introduced, will be refundable pro rata.

7.6 Cancellation

You can cancel at any time from Settings → Billing. Cancellation takes effect at the end of the current billing period — you keep paid features until then.

8. Suspension and termination

• You may close your account at any time from Settings. Closing your account triggers the deletion process described in our Data Deletion page.
• We may suspend or terminate your access if you (a) materially breach these Terms, (b) fail to pay, (c) use the Service for illegal activity, or (d) put our infrastructure at risk.
• For non-payment we send a reminder before suspending; you have 14 days to settle before deletion.
• Upon termination, we retain Your Content for 30 days for export, then permanently delete it. Billing records are retained 10 years for Italian tax compliance.

9. Service availability

We aim for high availability but do not guarantee uninterrupted service. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, infrastructure issues, or circumstances beyond our reasonable control (force majeure). There is no formal SLA for Free and Pro plans. Team plan customers may request a custom SLA in writing.

10. Warranties

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including (to the maximum extent permitted by law) any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure beyond reasonable industry standards, or that AI outputs will be accurate.

Nothing in this clause limits any rights you have as a consumer under mandatory Italian or EU consumer protection law.

11. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or related to your use of the Service (whether in contract, tort, statutory, or otherwise) is limited to the fees you paid us in the three (3) months preceding the event giving rise to the claim. For Free plan users, our maximum aggregate liability is capped at €50.

We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, loss of data, loss of business opportunity, or damages caused by AI agent actions taken without human review.

The above limitations do not apply to liability that cannot be excluded under applicable law (e.g. gross negligence, willful misconduct, or mandatory consumer rights).

12. Data processing (GDPR Article 28)

For all video content, project files, comments, OAuth tokens, and any other material you upload to Lumiqa, you (the Customer) act as the data controller and Lumiqa acts as the data processor on your behalf, in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR).

We process personal data only on documented instructions from you (these Terms + your in-product actions), apply technical and organizational security measures (see Privacy Policy §11), and engage sub-processors only under written DPAs. A standalone Data Processing Agreement (DPA) is available on request at [email protected]; for Team customers we sign the DPA at onboarding.

13. Changes to these Terms

We may update these Terms to reflect changes in the Service, law, or business needs. Material changes are notified by email to registered users at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance. If you disagree, cancel your subscription before the effective date.

14. Governing law and dispute resolution

These Terms are governed by the laws of Italy, without regard to its conflict-of-law rules.

For disputes arising out of or related to these Terms:

• Business (B2B) customers: exclusive jurisdiction lies with the courts of Lucca, Italy.
• Consumers (B2C): you keep the protection of your home jurisdiction's mandatory consumer law and may bring proceedings in the courts of your country of residence within the EU.
• EU consumers can also use the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr/.
• The parties may agree in writing to refer a dispute to arbitration under the Italian Code of Civil Procedure (Art. 806 et seq.); arbitration is optional and not imposed on consumers.

15. Miscellaneous

• Entire agreement: these Terms, the Privacy Policy, and any plan-specific addendum constitute the entire agreement between you and Lumiqa.
• Severability: if any clause is held unenforceable, the remaining clauses remain in full force.
• No waiver: failure to enforce a right does not constitute a waiver.
• Assignment: you may not assign these Terms without our written consent; we may assign them to an affiliate or successor in connection with a sale or restructuring of the business.
• Force majeure: neither party is liable for delays caused by events beyond reasonable control.
• Language: these Terms are drafted in English. If translated, the English version prevails in case of conflict.

16. Contact

• General: [email protected]
• Privacy / GDPR: [email protected]
• Postal mail: AB Tools — Via M. Bertini 32, 55100 Lucca, Italy