Terms of Service for the "Lumolino" App

Version: 1.0 – Effective: July 15, 2025

1. Provider Information

These Terms of Service ("Terms") of Lumolino GbR c/o IP-Management #5503 Ludwig-Erhard-Str. 18 20459 Hamburg, Germany ("Lumolino") serve as the legal basis for the use of services offered by Lumolino.

2. Scope and Subject of Agreement

These Terms of Service govern the use of the mobile application "Lumolino" ("App") and the Lumolino website ("Website" and together with the App the "Services") by end users. The App is distributed via the Apple App Store and Google Play Store. The Services provide digital content, specifically child-friendly stories as well as general information and factual stories. Use of the basic Services is free of charge and does not require user registration.

Your consent to these Terms is a prerequisite for using or otherwise accessing the Services. By agreeing to these Terms, you confirm that you are 18 years of age or older. If you are under 18 years of age or otherwise not authorized to enter into agreements like these Terms, you represent that your legal guardian or a parent has reviewed and agreed to these Terms.

If you do not agree to these Terms of Service, please leave the website immediately and cease any use of or access to the Services.

3. Target Audience and Use by Children

The Services are designed for children. Use should generally occur with the consent of and under the supervision of parents or legal guardians. Parents or other supervisors are responsible for use by children. It is expressly noted that the App does not replace professional counseling or educational guidance. Use of the App by minors is subject to the responsibility of their legal guardians. The Provider recommends use only with the consent of and under the supervision of an adult. No age verification is implemented.

The Provider complies with the Children's Online Privacy Protection Act (COPPA). The App does not collect any personal information from children under the age of 13. Parents or guardians are encouraged to review our Privacy Policy for more information on how we handle data.

4. Service Scope and Availability of Free Services

The Services are provided to users free of charge. Lumolino strives to ensure high availability, however, the free provision does not create any user entitlement to:

Lumolino reserves the right to modify, replace, restrict, or discontinue the Services, individual functions, and content at any time at its own discretion. In case of significant changes or planned discontinuation of the Services, we will inform users in an appropriate manner and with reasonable notice in advance, provided this is operationally possible and reasonable.

5. App Use and Technical Requirements

An active internet connection is required for the operation of the Services. The user is responsible for providing a suitable device and adequate internet connection.

6. Content and Intellectual Property Rights

All content contained in the Services, including text, images, graphics, and audio files ("Lumolino Content"), is protected by copyright or subject to other intellectual property rights. This also applies to content generated with the assistance of artificial intelligence.

The user receives a simple, non-transferable license limited in time to the use of the Services for personal and non-commercial use of Lumolino Content within the App and Website. Any other use—particularly reproduction, publication, modification, distribution, transfer, commercial use, or creation of derivative works of the content outside the Services—is prohibited without prior written consent from the Provider. Unauthorized use of content will be considered a violation of Lumolino's intellectual property rights.

7. User-Generated Content (Feedback)

We welcome feedback, comments, and suggestions for improving our Services ("Feedback"). You can send us your feedback via email to info@lumolino.com.

By submitting Feedback, you grant us a simple, free, unlimited in time and territory right to use the ideas and suggestions contained therein for the development, improvement, and marketing of our Services.

You agree that we are not obligated to provide compensation for the use of your Feedback and do not need to treat it confidentially, unless expressly agreed otherwise in writing.

8. Prohibited Uses

You agree that you will use the Services responsibly and in compliance with all applicable laws and these Terms, and that you will ensure that minors under your parental responsibility do the same. Without limiting the generality of the foregoing, you and minors under your parental responsibility will under no circumstances:

9. Content, Origin and Responsibility

The content of the Services is created with the utmost care. Both manually curated and artificial intelligence-assisted procedures are used. All content is reviewed, revised, and adapted to the target audience by the team before publication. Our goal is to provide age-appropriate, factually correct, and child-friendly content.

Despite the greatest possible care, it cannot be completely excluded that individual content may be perceived by individual users as inappropriate, disturbing, or unsuitable—for example, due to realistic depictions of animals or nature-related content (e.g., references to predation in the animal kingdom). The Provider makes no warranties regarding the complete accuracy, factual correctness, or unrestricted suitability of all content. Use of the Services is at the sole responsibility of the legal guardians. They are encouraged to use the content together with the child as part of active media accompaniment. The Provider reserves the right to revise, remove, or replace content at any time.

10. Disclaimer of Warranties and Limitation of Liability

Use of the Services is free of charge. There is no warranty for digital content provided free of charge.

The Provider is only liable in cases of intent or gross negligence. In cases of simple negligence, the Provider is only liable for violation of essential contractual obligations ("cardinal obligations") whose fulfillment enables the proper execution of the contract and on whose compliance the parties regularly rely and may rely. In this case, however, liability is limited to damage that was foreseeable at the time of contract conclusion and typically occurs. Further liability, particularly for indirect damages, consequential damages, or lost profits, is excluded.

Statutory liability for injury to life, body, or health remains unaffected. The Provider assumes no responsibility for content or technical services of third parties that are integrated via external services such as Supabase or Cloudflare.

11. Links to Third-Party Websites

The Services may contain links to other third-party websites. These links are provided solely for your convenience and may not always be current or active. Lumolino has not reviewed these third-party websites and does not control or assume responsibility for these websites or their content or availability. Lumolino does not endorse, recommend, or approve any information, products, or services mentioned on such linked websites and assumes no responsibility for the content, security, or privacy practices of other websites. Use of a link to an external website is entirely at your own risk.

12. App Stores and Third-Party Platforms

The App is provided through third-party platforms (e.g., Apple App Store, Google Play Store). The respective terms of service of the platform operators apply additionally. The Provider is not responsible for technical or contractual processes of these platforms or their availability.

13. Future Paid Content

Use of the Services is currently completely free of charge. The Provider reserves the right to offer voluntary additional features or content for separate payment in the future. In this case, the user will be transparently informed in advance about any costs. There is no obligation to introduce or permanently offer paid features.

14. Modifications to the Terms

The Provider reserves the right to adapt these Terms with effect for the future, provided there is a valid reason for this, particularly in case of changes to legal or technical framework conditions, new functions, or a changed market situation. Users will be informed in a timely manner about planned changes in an appropriate way (e.g., at the next app start or website visit). Continued use of the Services is only possible after express consent to the changed Terms. If consent is not given, use of the Services may be restricted or can no longer be continued.

15. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer with habitual residence in another state, mandatory legal protective provisions of their state of residence remain unaffected. Should individual provisions of these Terms be wholly or partially invalid or become invalid or contain a gap, the remaining provisions remain unaffected. The invalidity of a provision does not affect the validity of the remaining provisions. Lumolino's failure to demand or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of such provision or right.

16. Contact

For questions or concerns regarding these Terms, you can contact us in writing at: Email: info@lumolino.com