Terms of Service

1. Acceptance of Terms

By accessing or using the website, services, or digital products (collectively, "Services") provided by Lumina Spark ("we," "us," "our"), a sole proprietorship based in Osaka, Japan, you ("User," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Services.

2. Merchant of Record — Lemon Squeezy

The purchase transaction is processed between you and Lemon Squeezy. The software license and product support are provided directly by Lumina Spark. Refund requests are processed via Lemon Squeezy per our Refund Policy.

3. Digital Products and License Grant

Upon successful payment confirmation, Lumina Spark grants you a:

• Non-exclusive license — the product may be used by many customers simultaneously
• Non-transferable license — you may not transfer or sublicense your license to another party
• Revocable license — Lumina Spark may terminate the license upon violation of these Terms
• Personal or internal business use license — for use by you or your organization's employees only

This license does not transfer ownership of any intellectual property rights. All rights not expressly granted are reserved by Lumina Spark.

4. License Restrictions

You may NOT:

• Resell, redistribute, sublicense, rent, or lease the products or your license key
• Share your license key with third parties outside your organization
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the software (except where expressly permitted by applicable law)
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use the products for any unlawful purpose or in violation of any applicable laws or regulations
• Create derivative works based on the products without prior written permission

5. Instant Digital Delivery

Digital products are delivered automatically and immediately upon payment confirmation. Delivery occurs via:

• License key sent to the email address provided at checkout (via Lemon Squeezy automated system)
• Activation instructions included in the delivery email

If you do not receive your license key within 30 minutes of purchase, please check your spam folder and then contact us at contact@luminasparkdesign.com.

6. Intellectual Property

All content, software, code, designs, trademarks, and branding associated with the Services are the exclusive property of Lumina Spark or its licensors, and are protected by copyright, trademark, and other applicable intellectual property laws in Japan and internationally.

"Lumina Spark," "Tabs B-Dash," and "CloudMigrate Pro" are trademarks of Lumina Spark. Unauthorized use of these marks is strictly prohibited.

7. User Obligations

By using the Services, you agree to:

• Provide accurate, current, and complete information during registration or purchase
• Keep your license key confidential and notify us immediately if you suspect unauthorized use
• Comply with all applicable laws in your jurisdiction, including export control laws
• Not use the Services in a way that could harm, disable, or impair the Services or other users

8. Consulting Services

In addition to digital products, Lumina Spark also provides marketing consulting and strategy services. Consulting engagements are governed by separate agreements and are not subject to Lemon Squeezy's Merchant of Record relationship. Consulting services are not subject to the digital product refund policy.

9. Disclaimer of Warranties

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMINA SPARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your use of or inability to use the Services or products
• Unauthorized access to or alteration of your data
• Any third-party conduct or content
• Any other matter relating to the Services

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO LUMINA SPARK (VIA LEMON SQUEEZY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Lumina Spark from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your violation of these Terms; (b) your violation of any third-party rights; or (c) your use of the Services in violation of applicable law.

12. Termination

Lumina Spark may suspend or terminate your license and access to the Services immediately and without notice if you violate these Terms. Upon termination, your license to use the products ends and you must cease all use.

Termination does not entitle you to a refund unless the termination was caused solely by a defect in the product that we failed to remedy within a reasonable time.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the Services shall be submitted to the Osaka District Court (大阪地方裁判所) as the court of first instance, except where applicable consumer protection laws in your jurisdiction grant you the right to bring proceedings before courts in your country of residence.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on our website and updating the "Last Updated" date. Continued use of the Services after changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, please discontinue use and contact us regarding any outstanding licenses.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Contact

For questions about these Terms:
Business Name: Lumina Spark
Location: Osaka, Japan
Email: contact@luminasparkdesign.com
Merchant of Record: Lemon Squeezy, LLC — lemonsqueezy.com