Legal
General Terms and Conditions
Date: April 24, 2025
Act-3D B.V., located at Hoofdstraat 10, 2171 AT in Sassenheim, and registered with the Dutch Chamber of Commerce under registration number 27343208, is referred to in these General Terms and Conditions as "Lumion." The (potential) contracting party to whom the offer is addressed is referred to as the "Customer." Lumion and the Customer are hereinafter jointly referred to as the "Parties" and individually as a "Party."
These terms, hereinafter referred to as the “General Terms and Conditions,” together with any applicable Additional Terms, apply to every offer made directly by Lumion to the Customer. An exception applies if the Customer has obtained access to the Services through a reseller.
In these General Terms and Conditions, "Services" refers to the software provided to the Customer under the Subscription. The agreement entered into between the Parties, including all applicable Additional Terms, is referred to as the "Subscription."
1.1. Regardless of where Customer reside, Customer’s relationship is with Lumion B.V., a Dutch limited company, and the General Terms and Conditions are governed by the law of The Netherlands and any international law or trade restriction the Dutch Government imposes on Lumion B.V.
1.2. Our Services are licensed and may also be subject to one or more of the additional terms within the policies and agreements below (“Additional Terms”). If there is any conflict between the different terms then the following order of precedence shall apply, with terms and conditions mentioned earlier ranking above terms and conditions mentioned later:
a. additional written and signed agreements, other than as listed below;
b. the offer, provided in any form, including but not limited to the applicable terms of the subscription purchased by the Customer.
c. the EULA;
d. the Data Processing Agreement;
e. these General Terms and Conditions.
1.3. Customer allows Lumion to require its end user who intend to use the service on behalf of Customer (“End User”) to agree to the End User License Agreement (“EULA”) before they can use the Services. Lumion may deny access to the service in the case that End User does not agree to the EULA.
1.4. If any provision of these General Terms and Conditions or any Additional Terms is held invalid or unenforceable for any reason, the other provisions of the General Terms and any Additional Terms will continue in full force and effect. Our failure to enforce or exercise any provision of the General Terms and Conditions is not a waiver of that provision.
1.5. Customer may not assign or otherwise transfer the General Terms and Conditions or Customer’s rights and obligations under the General Terms and Conditions, in whole or in part, without our written consent, and any such attempt will be void. Lumion may transfer our rights under the General Terms and Conditions to a third party.
Named and/or Floating User
2.1. Lumion offers its Services under different subscription models to End Users via the Customer, namely a named user subscription model and/or a floating subscription model, depending on the model applicable to the package purchased by the Customer.
2.2. A Named User, applicable to the Named User subscription, is a specific, identified End User designated by the Customer to access the Services (“Named User”). A Floating User, applicable to the Floating subscription, is an End User who is granted access to the Services on a shared basis, with the number of concurrent users limited to the number of seats purchased by the Customer (“Floating User”).
2.3. A Named User seat is personal, non-transferable, and may not be shared among multiple individuals, even if they use the Services at different times. Similarly, Floating User seats may not be used to enable more concurrent users than the number of Floating User seats purchased by the Customer.
2.4. If the Customer wishes to upgrade the number of Named User seats or Floating User seats, additional seats may be purchased via Lumion’s online customer portal. Lumion will endeavor to make the additional subscriptions available as soon as possible.
2.5. Additional Named User or Floating User seats purchased during a subscription term may be purchased at a prorated price for the remainder of the subscription term.
2.6. The Customer may downgrade the number of Named User or Floating User seats for the upcoming subscription term. Downgrades are not permitted during the current subscription term.
2.7. The Customer is responsible for ensuring that Named Users and Floating User seats are properly assigned and managed. In the case of Named User seats, each seat must be assigned to one individual natural person, and reassignment is only allowed in accordance with Lumion’s policies. In the case of Floating User seats, the Customer must ensure that the number of concurrent End Users does not exceed the number of Floating User seats purchased.
2.8. The Customer is fully responsible for all actions performed by any End User, including both Named Users and Floating Users. Lumion may assume that such actions are carried out by the Customer or with its authorization.
2.9. If the Customer suspects or detects misuse of a Named User or Floating User seat, it must immediately take all necessary measures to prevent further misuse. If the Customer cannot take appropriate action, it must promptly report the incident to Lumion so that Lumion can implement the necessary measures.
1.1. The Customer can download the Services directly via the website. Installation of the Software is the responsibility of the Customer.
1.2. The Software is only suitable for installation on laptops or desktops (also referred to as ‘endpoint devices’). The Customer is responsible to ensure that the endpoint device meets the system requirements communicated by Lumion via the website or as part of the documentation.
1.3. The Customer recognizes that the system requirements may change for any updated or upgraded versions of the Software. Lumion cannot provide any guarantees as to the functioning of the Software if the endpoint device does not meet the system requirements and is not liable for any associated damages incurred by the Customer.
4.1. As compensation for the granted license to use the Service, Customer is required to pay the agreed upon price as stated on the Website and/or in My Account.
4.2. Licenses are provided on an annual subscription basis unless the Parties have agreed on a one-time fee. Fees are prepaid by Customer to Lumion or to a Lumion reseller. All prices are in euros unless the Parties have agreed on prices in US Dollars. Alle prices are exclusive of taxes.
4.3. Lumion reseller will invoice Customer for the license fees up front per (payment) term. All payments provided for the subscriptions shall be made upfront before the License is activated. Lumion may invoice electronically.
4.4. If Customer does not timely fulfill its payment obligation(s), Lumion shall notify Customer of the late payment.
4.5. If Customer does not pay or does not pay on time even after the demand Lumion has the right to suspend its obligations under the Agreement, until Customer and/or its End User has fulfilled its payment obligation. Suspension may include making the Service inaccessible to Customer and/or End User.
4.6. If Lumion has not received payment after the due date, and without prejudice to any other rights and remedies of Lumion, the statutory commercial interest, as referred to in Section 6:119a of the Dutch Civil Code, shall accrue on the outstanding amount. Furthermore, Customer shall be obliged to pay all the judicial and extrajudicial collection costs, including the costs of lawyers, bailiffs, and debt-collection agencies.
4.7. Without prejudice to all other rights, Lumion has the right to suspend the Agreement after the expiration date, until Customer and/or End User has fulfilled its payment obligation.
Price adjustments
4.8. Lumion is entitled to adjust its (license) fee(s) and prices. The Customer will be informed by email of upcoming adjustments at least forty five (45) days in advance. In the event of a price increase, the Customer has the right to terminate the Agreement by giving written notice to Lumion within thirty (30) days after the price increase is announced. No refund shall be given when the Agreement has been canceled.
Promotion
4.9. If an additional seat has been bought with a discount, that discount will only apply for that specific term and/or seats. For the following terms and/or existing seats standard pricing will apply.
Auto renew
4.10. When purchasing a Lumion subscription or an extra seat via the Website or Lumion My Account, auto-renewal for the Customers next payment term is enabled. Auto-renewal can be manually disabled at any time via Lumion My Account.
Intellectual property and license
5.1. Subject to Customer’s compliance with the General Terms and Conditions and the law, Customer and/or their End Users may access and use the Services. Lumion (and our licensors) remain the sole owner of all right, title, and interest in the Services. Lumion does not grant Customer any rights to any form of intellectual property rights, including but not limited to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. Lumion reserve all rights not granted under the General Terms and Conditions.
5.2. Customer shall not perform any acts that may infringe on the intellectual property rights of Lumion and/or its licensors, including but not limited to disclosing and/or reproducing, in whole or in part, without permission, anything referred to in this paragraph. The Customer acknowledges and accepts that any unauthorized use or acts violate the Agreement and applicable laws.
5.3. Lumion provides Customer and/or Customer’s End Users a non-transferable, non-perpetual and non-exclusive license, to use the agreed Service for the duration of the License, unless the Parties have explicitly agreed otherwise or the nature of the acquired license unambiguously determines otherwise.
Storage
5.4. When the Services provide storage, Lumion recommend that Customer also back up Customer’s Content elsewhere regularly. Lumion may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. At the end of Customer’s license term, Lumion will use commercially reasonable efforts to allow Customer to transition Customer’s Content out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of Customer’s license term. At the end of this 30-day transition period, Lumion reserve the right to delete Customer’s Content.
Sharing with Lumion
6.1. Customers may share their content with Lumion’s customer support, IT, and sales departments through certain services and software. This includes emailing, uploading, or otherwise making information available.
6.2. Content exchanged between customers and Lumion within customer support services remains confidential and accessible only to the specific customer and Lumion.
6.3. Lumion will not share, sell, or transfer customer content to third parties. Customers may request the deletion of their content at any time in accordance with GDPR.
Public Sharing
6.4. The Services provides the option to share content with other Lumion End Users or the public, such as through the Lumion Community.
6.5. Customers and its End Users are responsible for what they share and how others may use, copy, modify, or redistribute their content.
6.6. Lumion does not monitor or control how others use content of Customer. It is the Customer’s responsibility to set appropriate access permissions.
Comments and Interaction
6.7. Customers and its End Users can post comments and interact with other users through social features such as upvotes and downvotes. Comments are not anonymous and may be deleted by customers, other users, or Lumion.
Promotion
6.8. Customers and its End Users may choose to allow Lumion to use their content for marketing and community activities, such as social media posts, blogs, and promotional videos. Lumion will always display the credits provided by the Customer when promoting their content.
7.1. By uploading Customer’s Content to the Services, Customer agree that Customer have:
a. all necessary licenses and permissions to use and share Customer’s content; and
b. the rights necessary to grant the licenses in the General Terms and Conditions.
Indemnification
7.2. Customer will indemnify Lumion and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to Customer’s Content, Customer’s use of the Services, or Customer’s violation of the General Terms and Conditions.
7.3. The Customer is responsible for its own shortcomings. Additionally, the Customer, alongside its End Users, is liable for any failure to comply with the Agreement resulting from actions or omissions of End User who uses the Services on behalf of the Customer. The Customer indemnifies Lumion against all claims, damages, costs, and expenses, including but not limited to legal fees, arising from or related to such shortcomings or breaches of the Agreement by the Customer or its End Users.
Service level
8.1. Unless stated in the Additional Terms, the Services are provided “as-is” and based on “commercially reasonable efforts”. Lumion will endeavor to keep the Service up-to-date but cannot provide any guarantees as to the functioning to the Service other than those provided in this article below.
8.2. Lumion guarantees:
a. that the Service substantially operates as described in the Documentation, which may be amended by Lumion from time to time;
b. that the Service, to the best of its knowledge, does not contain any viruses, backdoors or malicious routines;
c. that the Service does not infringe upon third-party rights (including intellectual property rights), provided that the Service is used in accordance with this General Terms and Conditions and the Documentation; and
d. it will use its best efforts to investigate any reported bugs as soon as is reasonably practical and to repair such bug or suggest a workaround (if possible) within a reasonable period of time, provided however that Lumion may postpone resolution to the next update or upgrade if the bug is considered non-critical.
Content on servers
8.3. If Customer or its End Users post Customer’s Content on our servers to publicly Share through the Services, Lumion are not responsible for:
a. any loss, corruption, or damage to Customer’s Content;
b. the deletion of Content by anyone other than Lumion; or
c. the inclusion of Customer’s Content by third parties on other websites or other media.
Liability
9.1. Lumion's liability for any damages or other claims incurred by Customer as a result of an attributable failure by Lumion to perform its obligations (including guarantees) under the Agreement, as a result of an unlawful act by Lumion, its employees or third parties engaged by it, or on any other ground, is limited per damage causing event, where a series of related events counts as one event, to an amount equal to the amounts Lumion received from the Customer (excluding VAT) under the Agreement in the six (6) months preceding the damaging event. However, the total amount to be paid for direct damage can never exceed €1.000,- per event or €3.000.- per year.
Indirect damage
9.2. Without prejudice to the foregoing, Lumion is expressly not liable for indirect damage suffered by the Customer. For the purposes of the Agreement, indirect damages shall be understood by the Parties to mean only:
a. lost sales or profits;
b. missed savings;
c. damages for delay;
d. consequential damages;
e. diminished goodwill; or
f. damages resulting from business interruption.
Written notice
9.3. In the event of an attributable failure to perform the Agreement, Lumion shall only be liable if the Customer immediately and properly gives Lumion notice of default in writing, granting Lumion a reasonable period of time to cure the failure, and Lumion continues to fail imputably even after that period has expired.
Insurance
9.4. Lumion shall ensure that it has adequate insurance throughout the term of the General Terms and Conditions to cover the risks arising from the Agreement.
Limitation or exclusion
9.5. Any limitation or exclusion of liability agreed between the Parties shall not apply if and insofar as
a. the damage is the result of intent or deliberate recklessness on the part of the management of the Party causing the damage;
b. the damage is the result of death or bodily injury; or
c. the limitation or exclusion would otherwise be in violation of applicable laws and regulations.
Force majeure
9.6. Lumion will not be obliged to perform the Agreement if performance is prevented as a result of force majeure.
9.7. The Parties will in any case consider the following to be force majeure, without limitation: fire, floods, strikes, power failures, telecommunications infrastructure failures, force majeure on the part of Lumion's own suppliers, network attacks, import and export impediments, war and terror. Any liquidity problems on the Customer's part do not qualify as force majeure.
9.8. To the extent that Lumion had already fulfilled part of the Agreement by the time the force majeure situation arose or will be able to fulfil part of the Agreement, and such partial fulfilment can be ascribed an independent value, Lumion is entitled to invoice for such fulfilment separately.
9.9. In the event of force majeure, Lumion can suspend the performance of the Agreement for as long as the situation continues. If the situation lasts longer than 3 months, both Parties will be entitled to terminate the Agreement in writing, without any obligation to pay the other Party compensation.
10.1. The Parties will treat as confidential the information they provide to each other before, during or after the performance of the Agreement if this information has been marked as confidential or if the receiving Party knows or should reasonably assume that this information was intended to be confidential. The Parties also impose this obligation on their employees and on the third parties engaged by them for the performance of the General Terms and Conditions. These provisions continue to apply after the General Terms and Conditions ends for any reason whatsoever and for as long as the disclosing Party has the right to invoke the confidential nature of the information.
10.2. Each Party shall use the same degree of care in protecting the confidential information of the disclosing Party as it uses in protecting its own confidential information, but in no event less than reasonable care.
10.3. This article shall not apply to any information which:
a. is or becomes generally available to the public other than as a result of a disclosure by the receiving Party in breach of the General Terms and Conditions;
b. was within the receiving Party's possession prior to its disclosure to it by or on behalf of the disclosing Party;
c. becomes available to the receiving Party on a non-confidential basis from a source other than the disclosing Party not under obligation to keep such information confidential; or is developed independently by the receiving Party.
10.4. In the event that a receiving Party becomes legally compelled to disclose any confidential information provided pursuant to the General Terms and Conditions, such receiving Party shall provide the disclosing Party with prompt written notice so that such disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the confidentiality provisions of the General Terms and Conditions insofar as permitted by law.
10.5. Any confidential information provided hereunder shall remain the exclusive property of the disclosing Party. Promptly after the expiration or termination of the General Terms and Conditions for any reason, each receiving Party shall deliver to each disclosing Party all originals and copies of any material in any form containing or representing the confidential information in its possession or shall destroy the same at the request of the disclosing Party relative to such confidential information.
10.6. Lumion always reserves the right to use the knowledge obtained by the performance of the General Terms and Conditions for other customers to the extent this does not involve confidential information of the Customer.
11.1. The Agreement between the Parties enters into force when the Customer purchases a license for the Services and remains in effect for the duration of the Agreement term. The Customer is not entitled to terminate the Agreement prematurely unless explicitly stated otherwise in these General Terms and Conditions.
11.2. The Customer may terminate the Agreement at the end of the current Agreement term. If no specific Agreement term has been agreed upon between the Parties, the term communicated by Lumion on its website shall apply. If no information is provided on the website, the Agreement shall be deemed to have been entered into for a period of twelve (12) months.
11.3. If neither Party terminates the Agreement in due time, it shall be automatically renewed for the same duration. A notice period of three (3) months prior to the end of the current Agreement term applies for termination.
11.4. Notwithstanding the foregoing, Lumion may immediately terminate the Agreement by providing a written notice to the Customer, without the requirement for notice of default or judicial intervention:
a. if the other Party has been granted suspension of payments, whether provisionally or not;
b. if the other Party is declared bankrupt; or
c. if the other Party’s company is dissolved or terminated.
11.5. Without prejudice to any other rights and remedies hereunder, Lumion shall be entitled to terminate or rescind the Agreement if the Customer commit a breach of any of its obligations under these General Terms and Conditions and such breach is irremediable or – if such breach is remediable – the Customer fails to remedy that breach within a period of thirty (30) days after being notified in writing of the breach by Lumion.
11.6. The termination of this Agreement shall not relieve either Party of the obligation to pay any fees accrued or payable to the other Party prior to the date on which the Agreement will terminate.
Screening
12.1. Lumion does not review all content uploaded to the Services but may use technologies or processes to detect certain illegal or abusive content (e.g., child pornography, spam, phishing, or inappropriate content outside a restricted section).
Access and Disclosure
12.2. Lumion may access or disclose information about Customer or Customer’s use of the Services:
a. when required by law (e.g., in response to a court order);
b. to respond to Customer’s support requests;
c. if necessary to protect the rights, property, or safety of Lumion, users, or the public.
Changes to the Services
13.1. Lumion may modify, update, or discontinue the Services (or parts thereof) at any time without liability. If the Services are discontinued entirely, Customer will have a reasonable period to download their content.
Availability
13.2. Service descriptions are accessible worldwide, but availability may vary by country. Access to certain features or content may be restricted by Lumion or governments. It is Customer’s responsibility to ensure the Services are legal for use in their country. Not all Services are available in all languages.