Terms & Conditions

General

1.1. This document (hereinafter referred to as "Terms", "Agreement") constitutes conditions for using the App and the Website and governs any legally binding or contractual relationship between the Company and the User.

1.3. Lumora Oy, a company incorporated under the laws of Finland ("We", "Us", or "Our" and "Company", as applicable), having its business address at: Lapinlahdenkatu 16, 00180, Helsinki, Finland, provides You with the ability to use the App and the Website as User.

1.2. Please read this Agreement carefully before You start to use the Services.

1.3. These Terms (always together with the documents referred to in it) tells you who We are, explains many of Your responsibilities to Us and Our responsibilities to You, how this Agreement may be changed or ended, what to do if there is a problem and/or other important information.

1.4. These Terms refer to the Our Privacy Policy, which also apply to your use of the App and the Website and sets out the terms on which We process any personal data We collect about You, or that you provide to Us.

1.5. BY DOWNLOADING APP AND VISITING WEBSITE YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP, DELETE IT FROM YOUR DEVICE AND DO NOT VISIT WEBSITE.

1.6. The ways in which you can use the App may also be controlled by the rules and policies of the App Store. Where there is a conflict, the rules and policies of the App Store will apply.

1.7. If you think the App or the Services are faulty or misdescribed or wish to contact Us for any other reason please email Us at [email protected].

2. Definitions

For the purposes of this Terms:

"App" means the software program provided by the Company downloaded by You on any electronic Device, named Perceive

"Company" (referred to as either the Company, We, Us or Our in this Agreement) refers to Lumora Oy, Lapinlahdenkatu 16, 00180, Helsinki, Finland.

"Consumer" means any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft, or profession.

"Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.

"Services" means services provided Us to the Users via the App and the Website as described in these Terms

"User" (referred to as either the You, Your) means you - a person who uses Our Services.

"Website" means website: https://perceive.life

3. Subscription services

3.1. When you subscribe for the paid-for Services that are offered through the App (Subscription Services) you agree to pay the fee (Subscription Fee) and we grant you a license to use the Subscription Services.

3.2. The amount of the Subscription Fee is set out on the App and will be charged as described at the moment of subscription.

3.3. You may unsubscribe at any time via Apple or Google play, whichever you used to subscribe.

3.4. These Terms apply to the Subscription Services as well as to the free-access Services on the App. All terms relating to the Services also apply to the Subscription Services.

4. Your rights

4.1. In return for Your acceptance and agreeing to comply with these Terms You may:

• download a copy of the App onto your mobile or other Device and view, use and display the App and the Services on such Devices for your personal purposes only.
• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
• use the Website's functionality, download, copy and/or share some content available through the Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.

4.2. We are giving You personally the right to use the App and the Services as set out above. You may not transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any Device on which the App is installed, you must remove the App from it.

4.3. Unless otherwise specified or clearly recognizable, all content available on the Website and in the App is owned or provided by the Company or its licensors. The Company undertakes its utmost effort to ensure that the content provided on the Website and in the App infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

4.4. The Company (or its licensors) holds and reserves all intellectual property rights for the App, the Website, its content, copyrights, trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with the App and the Website, patent, design, documentation and other related intellectual property. The rights in the App and the Website are licensed (not sold) to You. You have no intellectual property rights in, or to, the App, the or the Website other than the right to use them in accordance with these Terms. Any applicable statutory limitation or exception to copyright shall stay unaffected.

5. Restrictions

5.1. The App and the Website may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of the App and/or the Website violates no applicable law, regulations, or third-party rights.

5.2. You agree that You will:

• not rent, lease, sub-license, loan, provide, or otherwise make available the App in any form, in whole or in part to any person without prior written consent from us;
• not copy the App and the Website except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App and the Website nor permit the App and the Website or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Website on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App and the Website nor attempt to do any such things.

5.3. Acceptable use restrictions. You must:

• not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App and the Website or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App and the Website, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Services;
• not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running Services.
• Be at least 16 years old in order to use the Services. Our Service does not address anyone under the age of 16.

6. Liability

6.1. These Services are provided strictly on an "as is" and "as available" basis.

6.2. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Company expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Company or through the Services will create any warranty not expressly stated herein.

6.3. Without limiting the foregoing, the Company, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Services will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and users shall be solely responsible for any damage to Users' computer system or mobile Device or loss of data that results from such download or Users' use of the Service.

6.4. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Company shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

6.5. The Service may become inaccessible or it may not function properly with Users' web browsers, mobile devices, and/or operating systems. The Company cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

7. Limitations of liability

7.1. If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these terms, both We and You knew it might happen.

7.2. To the maximum extent permitted by applicable law, in no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees are liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Company's secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

7.3. In no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Company hereunder in the preceding 12 months, or the period of duration of this Agreement between the Company and User, whichever is shorter.

7.4. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

8. Indemnification

The User agrees to defend, indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User's use of and access to the Service, including any data or content transmitted or received by User;
• User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms; User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User's violation of any statutory law, rule, or regulation;
• any content that is submitted from User's account, including third party access with User's unique username, password or another security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User's wilful misconduct.

9. Representations and Warranties

9.1. By accepting these Terms, You:

• confirm that You complying with all criteria for using the Services;
• confirm that You have read these Terms;
• commit to be bound by these Terms;
• agree and acknowledge that any and all actions performed by using Services shall be valid and causing the same legal effects as the actions formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also by a paper document signed by you and endorsed with the stamp of such entity;
• confirm to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms and/or of any circumstances that have or are likely to have a negative impact on the due discharge of your obligations to Us and/or of any circumstances that are material for the performance of these Terms e.g. your name/title, email address, etc.
• confirm that Your use of Services does not violate any applicable laws or regulations of any jurisdiction that applies to You.

9.2. By accepting these Terms, You represent and warrant that all of the above is true and accurate on the day of acceptance of these Terms and shall remain true and accurate until you cease to use the Services.

9.3. For the avoidance of doubt, representations and warranties are personal statements or assurances given by you which we will rely on when we allow you to use the Services.

10. Access denying, suspension and termination of Services

10.1. We reserve the right to take any appropriate measure at any time to protect its legitimate interests including by denying Users access to the App and/or the Website, terminating Agreements, reporting any misconduct performed through the App and/or the Website to the competent authorities whenever Users engage or are suspected to engage in any of the following activities: violate laws, regulations, and/or these Terms; infringe any third-party rights; considerably impair the Company's legitimate interests; offend the Company or any third party.

10.2. We may terminate this Agreement by giving You one month's notice.

10.3. We may time suspend your use of the Services for security reasons at any time.

10.4. We may end Your rights to use the Services and terminate the Agreement at any time by contacting you if you have breached these Terms in a serious way. If what You have done can be put right We will give you a reasonable opportunity to do so. If We end Your rights to use the Services:

• You must stop all activities authorized by these Terms, including Your use of the Services.
• You must delete or remove the App from all Devices in your possession and immediately destroy all copies of the App which You have and confirm to Us that You have done this.
• If you subscribe to the Subscription Services the subscription fee payments will be canceled.

11. In-app purchases and subscriptions

Free Use. You may use some functionalities and features of Perceive free of charge. You may, but are not required to, provide us with your name and email address in connection with such use. Notably, Perceive will be limited for free use, and you will not have access to all of the functionalities and features available to paid users.

11.1.You are responsible for all applicable fees and charges incurred, including applicable taxes.

11.2. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.

11.3. Objections to a payment already made or cancellation requests should be directed to email [email protected].

11.4.Your purchase will be subject to Apple App Store or Google Play applicable payment policy, which may or may not allow for refunds. Please contact the third party (Apple App Store or Google Play support) regarding any refunds or to manage your Purchased Content.

11.5. If made via a Google in-app subscription or purchase learn more about refunds from Google Play here.

11.6. You can request a refund for an Apple in-app subscription or purchase by following the guidance here.

12. Miscellaneous

12.1. No Waiver. The failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

12.2. Service interruption. To ensure the best possible service level, the Company reserves the right to interrupt the Services for maintenance, system updates, or any other changes, informing the Users appropriately. Within the limits of the law, the Company may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Company will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Services might not be available due to reasons outside the Company's reasonable control, such as "force majeure" (eg. labor actions, infrastructural breakdowns or blackouts, etc).

12.3. Changes to these Terms. The Company reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Company will appropriately inform the User of these changes. Such changes will only affect the relationship with the User in the future. The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Company. If required by applicable law, the Company will specify the date by which the modified Terms will enter into force.

12.4. Update to the App and changes to the Service. From time to time We may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

12.5. Assignment. The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Agreement, taking the User's legitimate interests into account. Provisions regarding changes of these Agreement will apply accordingly. Users may not assign or transfer their rights or obligations under these Agreement in any way, without the written permission of the Company.

12.6. Severability. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

12.7. Governing law. This Agreement is governed by the laws of Finland, without regard to conflict of laws principles. However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.

12.8. Venue of jurisdiction. The exclusive competence to decide on any controversy resulting from or connected to these Agreement lies with the courts of Finland.

13. Contact and communication

All communications relating to Services use must be sent to the official email of the company: [email protected]