Terms of Service

1. Definitions

• Lumares: the Lumares web application, including the Luma assistant, the captain's logbook, equipment and document management, weather and passage planning features, and any related websites and services.
• We, us, our: Geheim van de Smith B.V., established at Laanenderweg 33, 1812 PW Alkmaar, the Netherlands, registered with the Dutch Chamber of Commerce under number 76590925, also trading as Lumares.
• You, your, User: the person who creates an account for Lumares and uses the service.
• Account: the personal account through which you access Lumares.
• Your Content: everything you add to Lumares, such as boat details, manuals, invoices, photos, logbook entries, waypoints and messages you send to Luma.
• Terms: these terms of service.

2. Scope and acceptance

These Terms apply to every use of Lumares and to the agreement between you and us. By creating an Account, ticking the consent box during registration, or otherwise using Lumares, you accept these Terms and our Privacy Policy.

If you use Lumares on behalf of a company or organisation, you confirm that you are authorised to accept these Terms on its behalf.

Lumares is intended for private and professional boat owners and crew who are at least 18 years old. We do not knowingly provide the service to children.

3. The service and its nature

Lumares helps you organise knowledge about your boat, keep a logbook, plan passages and share voyages. The Luma assistant uses artificial intelligence to answer questions, based in part on the documents and data you add yourself.

Lumares is an information and administration tool. It is not a navigation system, not a certified nautical aid, not a weather service, and not a substitute for professional technical, medical or nautical advice.

We provide the service on a best-effort basis (inspanningsverbintenis). We do not guarantee that answers, weather data, tidal information, calculations or suggestions are complete, current or free of errors.

4. Safety, seamanship and your own responsibility

You remain at all times fully responsible for the safety of your vessel, your crew and yourself, and for compliance with all applicable maritime rules and regulations.

Never rely solely on Lumares for decisions that affect safety. Always verify critical information — such as weather, tides, depths, routes, engine and system procedures — against official sources, the original manufacturer documentation and your own judgement as skipper.

Do not use Lumares for emergency communication. In an emergency, contact the relevant rescue services or coastguard directly.

5. Your account

You create an Account with accurate information and keep your login details confidential. You are responsible for everything that happens through your Account.

You must inform us without delay via hello@lumares.ai if you suspect that someone else has access to your Account.

Accounts are personal. You may share access to shared voyages, but you may not resell or otherwise commercially exploit your Account.

6. Acceptable use

When using Lumares you will not:

• break the law, infringe the rights of others, or upload content that is unlawful, offensive or misleading;
• upload documents or material you do not have the right to use, or use Lumares to distribute copyrighted manuals to third parties;
• attempt to gain unauthorised access to our systems, other users' data, or the underlying AI models;
• use automated means to scrape, copy or overload the service, or resell access to the AI features;
• use Lumares in a way that disrupts the service or places an unreasonable load on it.

7. Your content and the licence you give us

You keep all rights to Your Content. You remain the owner of your boat data, documents, logbook entries and photos.

You give us a limited, non-exclusive licence to store, copy, process and display Your Content, only to the extent needed to provide the service to you — for example to make documents searchable, to let the Luma assistant answer your questions, and to render pages you choose to share publicly.

If you mark a voyage or logbook entry as public, that content becomes accessible to anyone with the link. You decide what you publish; think carefully before sharing personal details or exact positions.

We do not use Your Content to train third-party AI models. AI providers we use process your prompts and documents only to generate a response for you.

You warrant that Your Content does not infringe any third-party rights and you indemnify us against third-party claims relating to Your Content.

8. Our intellectual property

All rights in Lumares itself — the software, design, database structures, prompts, texts, logos and the name Lumares — belong to us or our licensors.

We grant you a personal, non-transferable, revocable right to use Lumares for its intended purpose during the term of your Account. Nothing in these Terms transfers any intellectual property rights to you.

Feedback you send us may be used freely to improve the service, without any obligation towards you.

9. Plans, payment and cancellation

Lumares offers a free plan and paid plans (such as Voyage and Annual). The current prices, durations and limits of each plan are shown at lumares.ai/pricing and are stated clearly at the moment you subscribe. Where required by law, consumers are informed of their right of withdrawal.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Payment, billing, applicable taxes, cancellation and refund mechanics are handled by Paddle under Paddle's Buyer Terms (https://www.paddle.com/legal/checkout-buyer-terms), which apply to every purchase in addition to these Terms.

Voyage is a one-time purchase of 90 days of access and does not renew automatically. Annual renews automatically each year until you cancel it. You can cancel an Annual subscription at any time through the payment details portal in your account or via Paddle; access then continues until the end of the paid period. Additional purchases stack: new paid time is added on top of your current end date.

When paid access ends, your account returns to the free plan and its limits. Your data is never deleted because a plan ends; documents above the free limit are locked until you renew, and you can always export your data as described in these Terms.

We may impose fair-use limits on every plan — for example on storage, uploads or the number of AI requests — and we may adjust those limits. We announce material changes in advance by email or in the app.

10. Availability, changes and maintenance

We aim for high availability but we do not guarantee uninterrupted access. Maintenance, updates, incidents or issues at our hosting and AI providers may temporarily limit the service.

We continue to develop Lumares. Features may be added, changed or discontinued. If a change materially reduces the functionality you rely on, we will inform you a reasonable time in advance where practical.

11. Term, ending your account and data export

The agreement runs for as long as you have an Account. You may stop using Lumares and request deletion of your Account at any time via hello@lumares.ai or through the app where that option is available.

We may suspend or terminate an Account if you seriously breach these Terms, if there is fraud or abuse, or if we are legally required to do so. Where reasonable we will warn you first.

Before your Account is deleted you can request an export of your data. After deletion, your data is removed from our active systems within a reasonable period, except where we must retain it by law. Content you have made public may remain in third-party caches beyond our control.

12. Liability

Lumares is provided as-is. To the extent permitted by law, we are not liable for indirect or consequential damage, including loss of data, loss of profit, damage to your vessel or equipment, delays, or damage resulting from decisions you make based on information from Lumares.

Where we are nevertheless liable, our total liability is limited to the amount you paid us for the service in the twelve months preceding the event, or — if the service was provided free of charge — to EUR 250 per event, with a maximum of EUR 500 per calendar year.

These limitations do not apply in the event of intent or wilful recklessness on our part, nor do they limit any liability that cannot be excluded under mandatory law, including mandatory consumer protection rules.

Any claim lapses if it is not reported to us in writing within twelve months after you became aware, or reasonably should have become aware, of the damage.

13. Force majeure

We are not obliged to fulfil our obligations if we are prevented from doing so by circumstances beyond our control, including outages at hosting or AI providers, internet and power failures, cyber attacks, government measures and natural events.

14. Privacy and personal data

We process personal data in accordance with the GDPR. Our Privacy Policy explains what data we process, why, how long we keep it, which processors we use and which rights you have.

By using Lumares you acknowledge that your boat data, documents and messages are processed by our hosting and AI providers on our behalf, under written processing agreements.

15. Changes to these Terms

We may amend these Terms, for example because of new features or changed legislation. The current version is always available at lumares.ai/terms with its version number and date.

We will inform you of material changes by email or in the app at least 30 days before they take effect. If you do not agree, you may end your Account before the new version applies. Continued use after the effective date means you accept the new version.

16. Governing law and disputes

Dutch law applies to these Terms and to the agreement between us.

Disputes will be submitted to the competent court of the district of Noord-Holland, location Alkmaar, unless mandatory law designates another court. Consumers retain the right to bring the dispute before the court that is competent by law.

Before starting proceedings we ask you to contact us at hello@lumares.ai so we can try to resolve the matter together.