LUCO Application Terms of Service and Privacy Policy

Article 1 Definitions

"Application" Refers to the "LUCO" mobile application and accompanying website owned and operated by LUCO Inc., including but not limited to the iOS application, Android application, and web-based services.

"Service" Refers to all functionalities provided to Users through the Application, including but not limited to photo storage, editing, sharing, AI facial recognition search ("AI Find-Me"), and related value-added services.

"User" Refers to any individual or entity that downloads, installs, accesses, or otherwise uses the Application.

"Content" Refers to any photographs, images, videos, text, audio, or other materials uploaded, posted, stored, or shared by Users in the course of using the Service.

"Personal Information" Refers to information that individually or in combination with other information identifies a specific natural person, including but not limited to name, email address, photographs, and biometric data. This definition follows the laws of applicable jurisdictions, including but not limited to the California Consumer Privacy Act (CPRA), Virginia Consumer Data Protection Act (CDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), and the EU General Data Protection Regulation (GDPR).

"Biometric Data" Refers to data extracted through technical processing of an individual's photographs or other biological characteristics that can be used to identify such individual, including but not limited to facial feature vectors and facial geometry data. This definition is governed by the Illinois Biometric Information Privacy Act (BIPA), Texas Capture of Biometric Identifiers Act (CUBI), and other applicable biometric laws.

"AI Find-Me" Refers to the feature within the Application that utilizes facial recognition technology. After a User uploads a portrait photograph of themselves, the system automatically matches and identifies photographs containing that User's face within the User's own uploaded photo library. This feature matches photos only within that User's own photo library and does not cross-reference with other Users' photographs.

Article 2 Service Description

2.1 Service Content

LUCO is a live photo streaming SaaS platform for professional photographers and their clients. Photographer users ("Photographer" or "Photographers") may connect compatible digital cameras via the LUCO mobile application to wirelessly transfer photos in real time to the cloud, create online galleries, and share them with clients. End users ("Viewer" or "Consumer") may access galleries through links or QR codes shared by Photographers to browse, download, or share photos.

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue part or all of the Service at any time without prior notice. If a service change materially adversely affects you, we will use reasonable efforts to provide advance notice.

2.3 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We shall not be liable for service interruptions caused by maintenance, upgrades, network failures, force majeure, or other causes beyond our reasonable control.

2.4 AI Feature Disclosure

The "AI Find-Me" feature uses automated facial recognition technology. This feature matches photos only within your own photo library. Facial data processed through this feature is subject to the Privacy Policy section of this Agreement and applicable biometric data laws (including but not limited to Illinois BIPA). To the extent required by applicable law, using the "AI Find-Me" feature constitutes your consent to our processing of your facial photograph and generation of temporary facial feature vectors for the purpose of providing matching services.

Article 3 User Accounts

3.1 Account Registration

Use of the Application requires account registration. You agree to provide truthful, accurate, and complete registration information and to promptly update such information. You may not register an account using another person's identity information. Each natural person is limited to one account.

3.2 Account Security

You are responsible for safeguarding your account credentials (including password) and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account. We are not liable for losses resulting from your failure to safeguard your account credentials.

3.3 Age Restrictions

The Application is intended solely for Users who are at least 13 years of age. If you are under 13, do not use the Application or provide any Personal Information to us. If we discover that we have collected Personal Information from a child under 13, we will promptly delete such information. Certain jurisdictions may require a higher minimum age (e.g., the EU GDPR requires 16 for data processing unless member state law provides for a lower age).

3.4 Account Termination

We reserve the right to suspend or terminate your account if: (a) you breach any term of this Agreement; (b) we notice security risks associated with your account; (c) required by law enforcement or regulatory authorities; or (d) you have not logged into your account for 12 consecutive months. Upon termination, you will lose access to your stored Content unless we are required by law to retain it.

3.5 Right to Delete Account

You may apply to delete your account at any time through the Application settings page. After account deletion, we will delete or anonymize your Personal Information within the period required by applicable law.

Article 4 User Content and Intellectual Property

4.1 Ownership of Your Content

You retain all ownership and intellectual property rights in the Content you upload to the Application. "Your Content" refers to the photographs, images, videos, and other materials you upload, store, or share. We do not claim ownership of Your Content.

4.2 Permission Needed to Provide the Service

To provide and improve the Service, we need your permission to do things like: hosting, backing up, sharing (at your direction), generating thumbnails, image recognition, and search. To do these things, you grant LUCO Inc. a limited, non-exclusive, royalty-free license (permission) to access, store, process, and display your Content solely to the extent necessary to provide the Service to you. This license does not grant us any rights beyond what is necessary to provide the Service.

4.3 Extension of Permission

To the extent necessary to provide the Service, the above license (permission) may extend to our affiliates and trusted third-party service providers with whom we work (including but not limited to cloud storage providers, data analytics providers, and customer support providers). These third parties may access your Content only to the extent necessary to perform their duties and must maintain confidentiality of such Content.

4.4 Processing of Facial Photographs and Feature Vectors

Facial photographs uploaded through the "AI Find-Me" feature are used solely to generate temporary facial feature vectors for matching purposes. We do not claim ownership of these facial feature vectors and do not use them for any purpose unrelated to providing the Service. We will not sell, rent, or transfer your facial photographs or facial feature vectors to any third party.

4.5 Feedback

If you provide us with any suggestions, ideas, or feedback regarding the Application ("Feedback"), you agree that we may freely use, reproduce, modify, and distribute such Feedback without obligation or compensation to you. This provision survives termination of this Agreement.

4.6 Our Intellectual Property

LUCO Inc. owns all intellectual property rights in the Application and all its content (excluding User-uploaded Content), including but not limited to software code, user interface, design, trademarks, logos, and documentation. These intellectual property rights are protected by law, and you may not copy, modify, distribute, or create derivative works without our written permission.

Article 5 User Conduct

You agree not to use the Application for any of the following purposes:

• (a) Uploading, storing, or sharing any photographs or materials containing pornography, violence, hate speech, discriminatory content, terrorist propaganda, or any other unlawful content;
• (b) Uploading photographs of others for the purpose of deceiving, impersonating, harassing, threatening, or defaming others;
• (c) Uploading photographs containing identifiable facial features of others without their explicit consent (including but not limited to photographs taken in private settings such as changing rooms, restrooms, or bedrooms);
• (d) Using the "AI Find-Me" feature to identify or track another person without that person's explicit consent;
• (e) Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Application;
• (f) Using any automated means (including crawlers, bots, scripts) to access the Application or extract data;
• (g) Circumventing technical protection measures of the Application (including access controls, encryption measures);
• (h) Using the Application for any unlawful purpose, or in violation of any applicable laws or regulations.

If you violate the above provisions, we have the right to take the following measures: (i) delete the violating Content; (ii) suspend or terminate your account; (iii) report to law enforcement authorities; (iv) cooperate with investigations by competent authorities. We have the right to determine in our sole judgment what constitutes a violation, and such determination shall be binding on you.

Article 6 Paid Services

6.1 Paid Services

Certain features of the Application may require a paid subscription. All fees are clearly displayed before charges are incurred. We support payments through the Apple App Store, Google Play Store, and in-app purchase platforms. All purchases are subject to the refund policies of the respective app stores.

6.2 Subscription Terms

Paid subscriptions auto-renew on a periodic basis (monthly or annually) unless you cancel at least 24 hours before the end of the current billing cycle. Subscription fees will be charged to your payment account within 24 hours prior to the start of each billing cycle.

6.3 Price Changes

We reserve the right to adjust the prices of Paid Services at any time. Price changes will take effect at the start of the next billing cycle. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

6.4 Taxes

All fees payable are exclusive of taxes. If required by applicable law, we may be required to collect and remit sales tax, VAT, or other applicable taxes.

6.5 Free Trials

We may from time to time offer free trial periods. At the end of the free trial period, unless you cancel at least 24 hours before the end of the trial period, billing will automatically commence.

Article 7 Privacy and Data Protection

7.1 Application of Privacy Policy

Your use of the Service is subject to Part II (Privacy Policy) of this Agreement, which forms an integral part of this Agreement. By using the Application, you consent to our collection, use, storage, and sharing of your Personal Information as described in the Privacy Policy.

7.2 Cross-Border Data Transfers

Our servers are located in the United States. By using the Application, you understand and consent to your Personal Information being transferred to, stored, and processed in the United States. If you are located in the European Union, United Kingdom, or other jurisdictions with data localization requirements, you acknowledge that you understand the risks and consent to such cross-border transfers. For Personal Data transferred from the European Economic Area (EEA) or the United Kingdom, we will implement appropriate safeguards (including but not limited to the European Commission's Standard Contractual Clauses).

7.3 Special Protections for Biometric Data

In addition to the provisions of the Privacy Policy section of this Agreement, facial photographs and facial feature vectors we process through the "AI Find-Me" feature: (a) are used solely to provide you with photo matching services; (b) are not sold, rented, or used for advertising purposes; and (c) are deleted within 30 days after you delete the relevant photographs, disable the feature, or delete your account. Where Illinois law applies, we comply with the requirements of the Biometric Information Privacy Act (BIPA), including obtaining written consent before collecting biometric data (constituted by this Agreement and Privacy Policy) and complying with data retention and destruction requirements.

7.4 Data Security Incident Notification

In the event of a security incident involving your Personal Information, we will notify you and relevant regulatory authorities as required by applicable law (including but not limited to U.S. state data breach notification laws and Article 33 of the EU GDPR) as promptly as practicable.

Article 8 Disclaimers

8.1 General Disclaimer

The Application and all related services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind, express, implied, or statutory. To the maximum extent permitted by applicable law, LUCO INC. expressly disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; or (c) any errors in the Service will be corrected.

8.2 Content Disclaimer

We make no representations or warranties of any kind regarding the accuracy, completeness, or legality of Content uploaded or shared by Users. We reserve the right but have no obligation to review Content in the Application. We are not liable for any loss or damage arising from User Content.

8.3 Third-Party Links Disclaimer

The Application may contain links to third-party websites or services. These links are provided for convenience only. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.

8.4 Survival of Disclaimers

All disclaimers in this Article 8 survive the termination of this Agreement.

Article 9 Limitation of Liability

9.1 Liability Cap

To the maximum extent permitted by applicable law, in no event shall LUCO INC. be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or relating to your use of or inability to use the Application. In no event shall the total liability of LUCO INC. to you for all damages exceed the total fees actually paid by you to LUCO INC. under this Agreement, if any, and in any event not to exceed one hundred U.S. dollars (USD 100). If you have paid no fees (i.e., you are a free user), the total liability of LUCO INC. to you shall not exceed zero U.S. dollars (USD 0).

9.2 Excluded Damages

In no event shall LUCO INC. be liable for any of the following: (a) loss of profits; (b) loss of or damage to data; (c) business interruption; (d) damages caused by third-party actions; (e) damages caused by your failure to safeguard account credentials.

9.3 Limitations in Certain Jurisdictions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you. If any portion of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such portion shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall remain in full force and effect.

9.4 Survival of Limitation of Liability

The limitation of liability in this Article 9 survives the termination of this Agreement.

Article 10 Force Majeure

LUCO INC. shall not be liable for any failure or delay in performance caused by causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, acts of terrorism, riots, government actions, cyberattacks (including DDoS attacks), internet service disruptions, or failures of cloud service providers.

In the event of a force majeure event, we will use reasonable efforts to notify Users and, where feasible, provide alternative arrangements. If a force majeure event continues for more than thirty (30) days, either party may terminate this Agreement by written notice.

Article 11 Dispute Resolution

11.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. Notwithstanding the above, if the consumer protection laws of the jurisdiction where you reside provide a higher standard of protection, such higher standard shall prevail.

11.2 Negotiation

The parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiation. The negotiation period shall be no more than thirty (30) days from the date on which one party receives written notice of the dispute from the other party.

11.3 Arbitration Clause (U.S. Users Only)

If you are a User residing in the United States, any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration, except that you may bring an individual action in small claims court. Arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA). The location of arbitration shall be Wilmington, Delaware. This arbitration clause does not preclude either party from seeking injunctive or declaratory relief in any court of competent jurisdiction. Each User's arbitration claim shall be conducted on an individual basis, and there shall be no consolidated or class arbitration.

11.4 Class Action Waiver

To the maximum extent permitted by applicable law, the parties agree that any dispute resolution proceeding (whether arbitration or litigation) shall be conducted on an individual basis and not as part of a class action, representative action, or private attorney general action.

11.5 Limitation Period

Regardless of any statute to the contrary, any claim or cause of action arising out of this Agreement must be asserted within six (6) months after the event giving rise to the claim occurs, or such claim shall be permanently barred.

11.6 Jurisdiction (Non-U.S. Users)

If you are not a resident of the United States and Article 11.3 (Arbitration Clause) is invalid or unenforceable under applicable law, any dispute arising out of or relating to this Agreement shall be submitted to a court of competent jurisdiction located in the State of Delaware.

Article 12 Miscellaneous

12.1 Entire Agreement

This Agreement (including the Privacy Policy, and any other policies that may be separately issued) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, or understandings (whether written or oral).

12.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall remain in full force and effect.

12.3 No Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of LUCO INC. No single or partial exercise of any right precludes any further exercise of that right.

12.4 Non-Assignability

You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to any of our affiliates or in connection with a sale of all or part of our assets without your consent.

12.5 Notices

Notices to you may be sent by: (a) in-app messaging; (b) email to your registered email address; or (c) push notification through the Application. Notices are deemed delivered when sent. Notices to us must be sent to the contact email address specified in Article 9 of this Agreement and are deemed delivered upon our confirmation of receipt.

12.6 Third-Party Beneficiaries

Nothing in this Agreement is intended to confer any rights or remedies upon any third party except as expressly identified herein. Our service providers (including cloud storage providers) are third-party beneficiaries of this Agreement and have the right to directly enforce provisions related to their service provision under this Agreement.