Terms of Service

These Terms of Service are a binding agreement between you and Bits and Shovels, LLC, a Delaware limited liability company operating from California, for your use of LumaGain. “LumaGain,” “we,” “us,” and “our” refer to Bits and Shovels, LLC.

By accessing or using LumaGain, you agree to these terms and our Privacy Policy. If you do not agree, do not use the service.

You must be at least 13 to use LumaGain. If you are under the age of legal majority where you live, a parent or legal guardian must agree to these terms for you. You must be legally able to enter into this agreement to purchase a subscription.

You are responsible for providing an accurate email address, safeguarding login links and active sessions, and promptly notifying us of suspected unauthorized access. You may not sell, transfer, or share an account in a way that defeats plan limits.

LumaGain converts supported images into JPEGs containing an Ultra HDR gain map and a standard-compatible rendition. Appearance depends on the image, browser, operating system, display, brightness, viewer, and platform. LumaGain does not guarantee a particular luminance, color, advertising result, or that every platform will preserve or display the HDR effect.

Processing is temporary. Source and generated media expire after one hour, so you are responsible for downloading and backing up results you want to keep.

You retain your ownership rights in images and other content you provide. You grant us a limited, worldwide, non-exclusive license to host, copy, transmit, modify, and create output from that content only as needed to provide, secure, troubleshoot, and support LumaGain. This license ends when the content is deleted from our systems, except for limited copies we must retain by law.

You represent that you have all rights and permissions needed to upload the content and direct us to process it. We do not claim ownership of your images and do not use uploaded images to train generative artificial intelligence models.

You may not use LumaGain to:

• violate law or another person’s rights;
• upload content that is unlawful, abusive, exploitative, malicious, or that you do not have permission to process;
• probe, disrupt, overload, bypass, reverse engineer, or gain unauthorized access to the service or its limits;
• introduce malware or automate abusive traffic; or
• resell LumaGain or misrepresent its output or capabilities without our written permission.

The Free plan currently includes five watermarked downloads in each rolling 24-hour window. Pro currently includes 50 clean exports per monthly allowance window. An annual Pro subscription is billed yearly, but its export allowance still resets monthly. Unused allowances do not roll over or have cash value.

Current prices and billing intervals are shown before checkout. Taxes may apply. We may change plans, limits, or prices prospectively by giving notice required by law. A price change does not take effect during a prepaid term unless you expressly agree or applicable law permits it.

A paid subscription automatically renews at the monthly or yearly interval selected at checkout until canceled. By subscribing, you authorize Stripe to charge your payment method at the start of each term for the disclosed price and applicable taxes.

You can cancel online at any time by signing in, choosing Manage subscription, and completing cancellation in the Stripe billing portal. Cancellation takes effect at the end of the current paid term unless applicable law requires otherwise; you retain Pro access until then. We will provide renewal, price change, and other subscription notices when required by law.

Stripe processes payments and may apply its own terms and privacy practices. You authorize us and Stripe to use your billing information to complete charges, prevent fraud, and manage the subscription.

Except where required by law or expressly stated at checkout, payments are non-refundable and we do not provide credits for a partially used term or unused exports. If you believe a charge is incorrect or the service was unavailable in a material way, contact us promptly so we can review it.

LumaGain, its software, design, branding, documentation, and other service materials are owned by Bits and Shovels, LLC or its licensors and are protected by intellectual-property laws. These terms grant only a limited, revocable, non-transferable right to use the service in accordance with these terms.

If you send suggestions, you permit us to use them without restriction or compensation, but you are not required to provide feedback.

We may change, suspend, or discontinue features, or limit access for maintenance, security, legal compliance, abuse prevention, or business reasons. We may suspend or terminate access if you violate these terms, create risk or harm, fail to pay, or use the service unlawfully.

You may stop using LumaGain at any time. Subscription cancellation and account deletion are separate: cancel recurring billing before deleting an account. Provisions that by their nature should survive termination—including payment obligations, ownership, disclaimers, liability limits, and dispute terms—will survive.

To the fullest extent permitted by law, LumaGain is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that an output will be accepted by an advertising platform, preserve its gain map after upload, appear the same on every device, or achieve a particular commercial result. Some jurisdictions do not allow certain disclaimers, so they may not apply to you.

To the fullest extent permitted by law, Bits and Shovels, LLC and its members, personnel, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity. Our total liability arising from LumaGain will not exceed the greater of $100 or the amount you paid us for LumaGain during the 12 months before the event giving rise to the claim. These limits do not exclude liability that cannot lawfully be limited, and they do not reduce non-waivable consumer rights.

To the extent permitted by law, you will defend, indemnify, and hold harmless Bits and Shovels, LLC and its members and personnel from third-party claims, damages, and reasonable costs arising from your content, your unlawful or unauthorized use of LumaGain, or your material breach of these terms. This obligation does not apply to the extent a claim results from our own unlawful conduct.

These terms are governed by the laws of the State of California, without regard to conflict-of-law rules. A dispute may be brought in a court of competent jurisdiction in California, unless applicable law gives you the right to bring it elsewhere. Nothing in these terms prevents either party from seeking relief in small-claims court where eligible.

Before filing a claim, please email us with a description of the issue and requested resolution. We each agree to make a good-faith effort to resolve it informally for 30 days. These terms do not require arbitration or waive participation in a class action.

We may update these terms as LumaGain or applicable law changes. We will post the updated terms and revise their effective date. If a material change affects an active paid subscription, we will provide additional notice when required. Continued use after the effective date of updated terms means you accept them, to the extent permitted by law.

Questions, legal notices, and billing concerns may be sent to Bits and Shovels, LLC at [email protected].