Terms of Service

1. Agreement to Terms

By accessing or using LumaTracer ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms apply to all visitors, registered users, and anyone who uploads content to the platform.

2. LumaTracer Is Not a Medical Device

This is the most important section of these Terms. Please read it carefully.

LumaTracer is a wellness and cycle tracking tool only. It is expressly not:

• A medical device as defined by the U.S. Food and Drug Administration (FDA), the EU Medical Device Regulation (MDR), or equivalent authority in any jurisdiction
• A diagnostic tool or clinical decision support system
• A substitute for professional medical advice, diagnosis, or treatment
• A fertility treatment service or reproductive medicine provider

Nothing in LumaTracer - including cycle predictions, ovulation estimates, fertile window calculations, image storage, or any other feature - constitutes medical advice.

Fertility tracking methods, including natural family planning and cycle-based ovulation detection, are not guaranteed to prevent or ensure pregnancy. Accuracy varies based on individual biology, data input quality, and other factors.

You must always consult a qualified healthcare provider for any health-related decisions, including those related to fertility, conception, contraception, and reproductive health.

By using LumaTracer, you acknowledge that you understand and accept this limitation.

3. Eligibility

You must be at least 13 years old to use LumaTracer. During account creation, users must confirm they are 13+ and accept these Terms of Service and the Privacy Policy. By using the Service, you represent that this information is accurate and that you meet all age requirements applicable in your jurisdiction.

4. Your Account

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must provide accurate information when creating your account
• Notify us immediately at legal@lumatracer.com if you suspect unauthorized access to your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Medical Image Uploads

LumaTracer allows you to upload ultrasound images and other medical imaging files for personal tracking purposes only. By uploading images, you confirm that:

• You have the legal right to upload and store the images
• The images are for your personal use only and will not be used for any commercial, diagnostic, or clinical purpose
• You will not upload images that belong to or depict any other person without their explicit consent
• You understand that LumaTracer stores these images as a personal organizational tool and performs no medical analysis, interpretation, or review of them

6. Acceptable Use

You agree not to:

• Use LumaTracer for any unlawful purpose
• Attempt to access other users' accounts or data
• Upload malicious code, viruses, or harmful content
• Scrape, copy, or republish LumaTracer content without permission
• Misrepresent the Service as a medical device or diagnostic tool to others
• Use the Service in a clinical or professional healthcare setting as a primary or supplementary diagnostic tool

7. Intellectual Property

All LumaTracer content, branding, design, and software is owned by LumaTracer and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

You retain ownership of all content you upload (including medical images and personal health notes). By uploading content, you grant LumaTracer a limited license to store and display that content to you as part of the Service. We do not claim ownership of your data.

8. Subscription and Payments

• Subscription fees are billed monthly in advance
• Prices are listed at /pricing and may change with 30 days' notice
• Cancellations take effect at the end of the current billing period; no partial refunds are issued for unused time unless required by law
• No partial refunds are provided unless required by law.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LUMATRACER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• CYCLE PREDICTIONS OR OVULATION ESTIMATES WILL BE ACCURATE
• THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• ANY HEALTH-RELATED OUTCOME WILL RESULT FROM USE OF THE SERVICE

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LUMATRACER AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY HEALTH OUTCOME, PREGNANCY RESULT, OR MEDICAL CONSEQUENCE ARISING FROM USE OF OR RELIANCE ON THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR UPLOADED IMAGES OR HEALTH DATA

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify and hold harmless LumaTracer and its affiliates from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

We may suspend or terminate your access to LumaTracer at any time for violation of these Terms or for any other reason with reasonable notice. You may delete your account at any time from your account settings. Upon termination, your right to use the Service ceases immediately. Sections 2, 9, 10, 11, and 13 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Texas, USA, without regard to conflict of law principles.

Any dispute arising from these Terms shall be resolved by the courts located in Dallas County, Texas.

You consent to personal jurisdiction in those courts.

14. Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you by email or in-app notice at least 30 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance.

15. Contact

LumaTracer Legal
Email: legal@lumatracer.com
Website: lumatracer.com
Address: 13747 Montfort Dr, Dallas, Texas 75240