Legal
General Terms and Conditions
Date: August 26, 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" means all services provided by Lumion to Customer under the Agreement, including but not limited to provision of On-Premises Software and/or to the Platform provided to the Customer under the Subscription. The agreement entered into between the Parties, including all applicable Additional Terms, is referred to as the "Agreement."
The “On-Premises Software” refers to the software application for which a License is granted and provided by Lumion, which is installed and operated on Customer’s own hardware or infrastructure. A “License” means the non-exclusive, non-transferable and non-sublicensable right to us the On-Premises Software, as granted by Lumion to the Customer under the Agreement.
The “Platform” refers to the online software-as-a-service Platform operated and provided by Lumion “Lumion Cloud”, to which Lumion grants Customer and its End Users remote access via the internet. The Platform may allow Customer and/or its End Users to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide allow Customer and/or its End Users with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Content").
In order to access the Services, Customer needs to first create an account (hereinafter: “Account”) on the https://lumion.com/ website (hereinafter: “Website”). Once an Account has been created, Customer may purchase access to one or more paid or trial Services (hereinafter: “Service Plan”) by accepting an offer for the provision of paid Services (or trials thereof) to the Customer by Lumion, through the Website, in writing or otherwise, specifying the Services, the applicable Service Plan, and incorporating these General Terms and Conditions (hereinafter: “Offer”).
These General Terms and Conditions are divided into separate ‘Modules’. ‘Module A’ (General) and ‘Module C’ (Platform) apply in each event to each Agreement, governing general matters and use of the Platform and Account environment on the Website respectively. ‘Module B’ applies if and to the extent Customer uses the On-Premises Software.
Module A - General
1.1. 1.1. The Agreement is concluded with the Customer’s completion of the registration form and the subsequent receipt of a written registration confirmation for an Account, which provides access to certain parts of the Platform and allows the Customer to use the Service. If Customer wishes to allow persons, such as employees and contractors, to use the Services under Customer’s responsibility and Service Plan (hereinafter: “End Users”), Customer will be provided with an administrator Account that allows Customer to create additional Accounts for its End Users.
1.2. 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 mutually agreed Offer, specifying a Service Plan, 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 is fully responsible and liable for its End Users’ use of the Services, and compliance by such End Users with these General Terms and Conditions. Customer allows Lumion to require its End Users, to agree to the EULA before they can use the On-Premises Software. Lumion may deny access to the Service in the case that End User does not agree to the EULA. An Account may have the designation of a Customer, an End User, or both.
1.4. During Account registration, the Customer and/or its End Users are asked to provide login information (a unique username and password). The Customer and/or End Users are obliged to use any Accounts made available by Lumion in a careful manner and to keep its login information secure and strictly confidential. Lumion has the right to assume that all acts performed following authentication of these Accounts have been performed under the supervision and with the approval of the Customer. The Customer is obliged to notify Lumion immediately if it suspects abuse of and/or unauthorized access to its or its End Users’ Accounts.
1.5. After conclusion of the Agreement, access to the Services is granted for the duration of the Agreement. Access to one or more Services may be limited or non-existent, depending on whether an active Service Plan is in place and the type of Service Plan agreed.
1.6. After conclusion of the Agreement, as well as any additional agreements regarding Service Plans, Lumion will apply all commercially reasonable efforts to, as soon as possible, provide the Customer with access to the relevant specified Services for the duration of the Agreement in accordance with the Service Plan. Lumion will perform the Agreement to the best of its ability, with due care and expertise.
1.7. The Customer is obliged to do everything that is reasonably required and desired to ensure that the Service is performed correctly in a timely manner. In particular, the Customer will ensure that all information designated by Lumion as essential or in respect of which the Customer should reasonably understand that it is required for the purpose of performing the Services, is provided to Lumion in a timely fashion. The Customer makes sure that the information and details are correct, complete and up to date.
1.8. Some (parts) of the Services may require implementation in order to function properly. Unless agreed otherwise in writing, the Customer is solely responsible for the implementation of the Services.
1.9. The Services may be integrated with third-party products and/or services. Such integration may only occur if Customer first registers with the third party in question and accepts the relevant terms and conditions applicable to those third-party products and/or services. Lumion will in no case be liable or responsible for the functioning of such third-party products and/or services in relation to their integration with the Services.
2.1. The scope of the Customer’s access to the Services (the On-Premises Software and/or the Platform) will be determined by the agreed upon Service Plan. Depending on the agreed Service Plan, different features of the Service will be made available to Customers and different pricing may apply. A Service Plan, if agreed, becomes part of the Agreement between the Parties.
2.2. If no Service Plan is agreed, or if an agreed upon Service Plan expires or is terminated, the Customer will not be able to access most of the Services until a (new) Service Plan is agreed between the Parties. The Customer will still be able to access its Account during this period and access certain features that may not require a paid Service Plan.
2.3. 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.
2.4. In the event that the (accepted) Offer specifies that the Service Plan will be applicable for a determined period (hereinafter: “Initial Period”), the Service Plan will, at the end of such period, each time be tacitly renewed for successive periods of a length equal to the Initial Period (hereinafter: “Renewal Periods”), unless the Customer provides Lumion with a notice of non-renewal:
a. at least seven (7) days before the Renewal Period in the event of a Service Plan with an Initial Period or Renewal Period of no more than one (1) month; or
b. at least thirty (30) days before the Renewal Period in the event of a Service Plan with an Initial Period or Renewal longer duration than one (1) month.
2.5. The terms, conditions and pricing of the Initial Period will apply to the Renewal Periods, unless Lumion has provided written notice to the Customer of any applicable amended terms and conditions and/or an applicable pricing increase at least:
a. fourteen (14) days before the Renewal Period in the event of a Service Plan with an Initial Period or Renewal Period of no more than one (1) month; or
b. sixty (60) days before the Renewal Period in the event of a Service Plan with an Initial Period or Renewal longer duration than one (1) month.
2.6. If an Offer does not specify an Initial Period for a Service Plan, the Service Plan shall be deemed to have been entered into for an Initial Period of twelve (12) months.
2.7. The sections 6:227b and 6:227c of the Dutch Civil Code are excluded, insofar as possible.
Free trial
3.1. Lumion may offer free trial Service Plans to new users of the Services. Customer will not be charged for any trial Service Plans, and the relevant subscription will be suspended until upgraded to a paid version at the end of the free trial, through an Offer for a paid Service Plan.
3.2. The trial period is concluded at the moment the Customer accepts the relevant Offer.
3.3. Trial period shall remain in effect for the duration of the relevant trial Service Plan Offer. The privacy statement covers all the information data collection and removal.
3.4. If Customer decides to purchase a paid Service Plan during the term of the trial period, it can activate the paid version of the Services itself via Lumion’s Website. The trial period will automatically terminate on the date the Agreement for the paid version of the Services comes into effect.
3.5. Contrary to what is stipulated elsewhere in these General Terms and Conditions regarding rights of use, the Customer and its End Users are only entitled to use the Services for testing purposes during the trial period. Operational use of the Services is not permitted and use of data during the trial period is at Customer’s own risk.
3.6. During the trial period, the Customer acknowledges and accepts that the Services are provided on an “as-is” basis, with only such functionalities and features as are made available through the Services, and with all faults, defects and errors, whether apparent or latent.
Named and/or Floating User
3.7. Depending on the agreed Service Plan, Lumion offers its Services under different subscription models to End Users via the Customer, including a named user subscription model and/or a floating subscription model, depending on the model applicable to the package purchased by the Customer.
3.8. 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”).
3.9. 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.
3.10. If the Customer wishes to upgrade the number of Named User seats or Floating User seats under its Service Plan, additional seats may be purchased via Lumion’s online customer portal. Lumion will endeavor to make the additional subscriptions available as soon as possible.
3.11. Additional Named User or Floating User seats purchased during a subscription term may be purchased at a prorated price for the remainder of the Service Plan.
3.12. The Customer may downgrade the number of Named User or Floating User seats for an upcoming Renewal Period under a Service Plan. Downgrades are not permitted during a then-active Initial Period or Renewal Period under a Service Plan.
3.13. 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.
3.14. 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.
3.15. 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.
4.1. As compensation for the granted license to use the Service, Customer is required to pay the agreed upon price as stated in the agreed Offer and Service Plan (if any). All purchases are non-refundable.
4.2. Licenses for the On-Premises Software are provided on an annual subscription Service Plan 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 Service and 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, including with regard to then-active Service Plans. 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 and/or the relevant Service Plan 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.
Intellectual property
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 these General Terms and Conditions. The Customer acknowledges and accepts that any unauthorized use or acts violate the Agreement and applicable laws.
5.3. Customer will exclusively acquire the rights of use and powers expressly assigned in writing under these General Terms and Conditions, the Agreement or otherwise, and in all other respects the Customer will not make copies of or publish the Services.
Sharing with Lumion
6.1. Customers may share their content with Lumion’s customer support, IT, and sales departments through certain Services. 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 Content to third parties. Customers may request the deletion of their content at any time in accordance with European General Data Protection Regulation.
Warranties
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.
Liability
8.1. 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
8.2. 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
8.3. 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
8.4. 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
8.5. 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
8.6. Lumion will not be obliged to perform the Agreement if performance is prevented as a result of force majeure.
8.7. 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.
8.8. 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.
8.9. 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.
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. 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.
9.6. 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.
10.1. The Agreement will be entered into for an indefinite period of time.
10.2. Parties may not terminate the Agreement except as provided for therein.
10.3. The Customer may terminate the Agreement at any time by deleting its Account, taking into account Article 10.4.
10.4. In the event that the Agreement is terminated, the amounts owed to Lumion by the Customer will become immediately due and payable (irrespective of the reason for the termination). The Customer will not have a right to any refunds or restitutions in the event a (paid) Service Plan is applicable to the Agreement at the moment of termination.
10.5. 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.
10.6. 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.
10.7. 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.
10.8. 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.
Changes to the Services
11.1. 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
11.2. 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.
12.1. 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.
12.2. Any disputes between the parties arising out of or in connection with the Agreement shall be submitted to the competent court in the district in which Lumion has its registered office.
12.3. 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.
12.4. 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 rights under the General Terms and Conditions to a third party.
Module B - On-Premises Software
If the Service comprises (in part) the delivery of On-Premises Software, the provisions of this module shall apply.
13.1. The Customer can download the On-Premises Software directly via the Website. Installation of the On-Premises Software is the responsibility of the Customer.
13.2. The On-Premises 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.
13.3. The Customer recognizes that the system requirements may change for any updated or upgraded versions of the On-Premises Software. Lumion cannot provide any guarantees as to the functioning of the On-Premises Software if the endpoint device does not meet the system requirements and is not liable for any associated damages incurred by the Customer.
14.1. Lumion provides Customer and/or Customer’s End Users a non-transferable, non-perpetual and non-exclusive license, to use the On-Premises Software for the duration of the License, unless the Parties have explicitly agreed otherwise or the nature of the acquired license unambiguously determines otherwise.
14.2. Customer is expressly not permitted to sell, rent out, transfer, grant or otherwise make available to third parties any rights with regard to the On-Premises Software.
14.3. 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.
15.1. Unless stated in the Additional Terms, the On-Premises Software are provided “as-is” and based on “commercially reasonable efforts”. Lumion will endeavor to keep the On-Premises Software up to date but cannot provide any guarantees as to the functioning of the On-Premises Software other than those provided in this article below.
15.2. Lumion guarantees:
a. that the On-Premises Software substantially operates as described in the Documentation, which may be amended by Lumion from time to time;
b. that the On-Premises Software, to the best of its knowledge, does not contain any viruses, backdoors or malicious routines;
c. that the On-Premises Software does not infringe upon third-party rights (including intellectual property rights), provided that the On-Premises Software 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.
Module C - Platform
If the Service comprises (in part) in the delivery of the Platform, the provisions of this module shall apply.
16.1. Lumion hereby grants the Customer and its End Users a non-exclusive and non-transferable right of use for the duration of the Agreement in order to use the Platform in accordance with the Agreement and these General terms and Conditions.
16.2. The Platform provides the option to share content with other Lumion End Users or the public.
16.3. Customers and its End Users are responsible for what they share and how others may use, copy, modify, or redistribute their content.
16.4. The Platform may allow certain areas where it is possible to leave reviews or ratings. When posting a review or rating, Customer or its End Users must comply with the following criteria:
a. have firsthand experience with the person/entity being reviewed;
b. Comments should not contain offensive profanity, or abusive, racist, offensive, or hate language;
c. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
d. comments should not contain references to illegal activity;
e. Customer or End Users must not be affiliated with competitors if posting negative reviews;
f. Customer or End Users must not post any false or misleading statements;
g. Customer or End Users must not organize a campaign encouraging others to post review, whether positive or negative.
16.5. 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. Lumion is free to accept, reject, or remove reviews in its sole discretion. Lumion has no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate, except where such submissions are in violation of the Agreement or otherwise unlawful. Reviews are not endorsed by Lumion, and do not necessarily represent Lumion’s opinions or the views of any of its affiliates or partners. Lumion does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, Customer grants to Lumion a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such reviews.
17.1. The Platform may allow Customer and/or its End Users to submit Content to the Platform. Content may be viewable by other users of the Platform and through third-party websites. As such, any Content you transmit may be treated as non-confidential and non-proprietary. When Customer and/or its End Users create or make available any Content, Customer thereby represents and warrants that:
a. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of submitted Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
b. Customer and/or its End Users are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Lumion, the Platform, and other users of the Platform to use submitted Content in any manner contemplated by the Agreement.
c. Customer and/or its End Users have the written consent, release, and/or permission of each and every identifiable individual person in their Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of submitted Content in any manner contemplated by the Platform and the Agreement; and
d. submitted Content is not false, inaccurate, or misleading.
17.2. By posting Content to any part of the Platform, Customer automatically grants, and Customer represents and warrants that it and/or its End Users have the right to grant, Lumion us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content (including, without limitation, image and voice included in the Content) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
17.3. The license specified in Article 17.2 will apply to any form, media, or technology now known or hereafter developed, and includes our use of Customer and/or its End Users name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images Customer and/or its End Users provide. Customer and/or its End Users waive all moral rights in submitted Content, and warrant that moral rights have not otherwise been asserted with regard to the submitted Content.
17.4. Lumion does not assert ownership of submitted Content. Customer and/or its End Users retain full ownership of all Content submitted by them and any Intellectual Property Rights or other proprietary rights associated with such Content. Lumion is not liable for any statements or representations in Content submitted by Customer and/or its End Users. Customer is solely responsible for Content submitted to the Platform under its responsibility and Customer expressly agrees to exonerate Lumion from any and all responsibility and to refrain from any legal action against us regarding such Content.
17.5. Lumion has the right, in its sole and absolute discretion, to:
a. edit, redact, or otherwise change any Content;
b. re-categorize any Content to place them in more appropriate locations on the Platform; and
c. pre-screen or delete any Content at any time and for any reason, without notice. Lumion has no obligation to monitor submitted Content.
18.1. Customer and its End Users agree not to use the Platform for activities that conflict with these General Terms and Conditions, Dutch law or other applicable laws and regulations.
18.2. Customer and its End Users are only permitted to use the Platform for their own use. It is expressly prohibited to use the Platform on behalf of third parties, or to provide access to the Account to third parties.
18.3. Customer and its End Users are prohibited from uploading commercial content to the Platform without prior written consent of Lumion. Commercial content includes but is not limited to paid advertisements, sponsored posts, affiliate links, unsolicited offers or promotional comments. End Users may not upload or publish content that constitutes advertising or promotional communications.
18.4. It is prohibited to use the Platform in such a way that it causes nuisance or inconvenience to third parties. This includes using own scripts or programs to upload or download large quantities of data, or excessive use of the Platform.
18.5. The Customer is prohibited to test the limits of the Platform. This includes but is not limited to stress testing of the Services. If Lumion ascertains that the Customer has violated this condition, Lumion has the right to block Customers Account temporarily or permanently to safeguard the stability and proper performance of the Platform.
18.6. Customer is prohibited from using the Platform in any manner that violates applicable law. In addition, Customer is prohibited to use the Platform to, even if such were lawful:
a. distribute malicious content (such as malware or other harmful software)
b. infringe upon the rights of third parties, or to be manifestly defamatory, libelous, offensive, discriminatory or inciting hatred.
c. except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
d. distribute information about, or that facilitates, the infringement of rights of third parties, such as hacking tools or instructions on computer crime intended to enable the reader to engage in criminal conduct, rather than to defend against such conduct.
e. to distribute information in violation of copyrights and other industrial or intellectual property rights, or to place hyperlinks to such information.
f. to violate the privacy of third parties, for instance by distributing third-party personal data without permission or necessity, or repeatedly harassing third parties by providing them with unwanted communications.
18.7. If, at Lumion’s discretion, the operation of Lumion’s computer systems or network, third-party networks and/or service provision via the internet is obstructed, damaged or otherwise put at risk, in particular as a result of excessive amounts of data being sent, leaked personal data or virus activity, Trojan horses and similar software, Lumion is authorized to take any reasonable measures it deems necessary to avert or prevent such risk.
18.8. Lumion is entitled at all times to report any criminal acts discovered. In addition, Lumion is authorized to provide the Customer’s or End User’s name, address and other identification data to a third party who has complained that the Customer has breached its rights or the Agreement, provided that, according to the principles of reasonableness and fairness, the accuracy of the particular complaint is sufficiently plausible and the third party has a clear interest in being provided with these data.
18.9. If Customer or its End Users act in violation of the provisions of this article, Lumion reserves the right to take appropriate measures, including but not limited to (temporarily) restricting or disabling access to the Platform for Customer or its End Users in any manner, and to take legal action, such as claiming compensation for any damages caused by the violation. If Lumion decides to take such measures, Customer shall be notified accordingly and will be given the opportunity to object. Objections can be made by contacting Lumion at [email protected]. Lumion will respond to such objections within a reasonable period.
19.1. Lumion can review all content uploaded to the Services and 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).
19.2. 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.
19.3. Lumion monitors and removes content that violates these General Terms and Conditions and applicable laws. If Customer or its End Users believe that any content on the Platform violates these General Terms and Conditions or applicable laws, please let us know by contacting Lumion at [email protected] in accordance with our Notice and action form. For more insight on how Lumion moderates content, see our DSA notice page.
19.4. If Lumion ascertains that the Customer or its End User has violated these General Terms and Conditions, or receives a complaint, Lumion will give the Customer and/or its End User a warning. If this does not lead to a satisfactory solution, Lumion itself may intervene to end the violation. In urgent or serious cases, Lumion may intervene without warning.
20.1. Use of the Platform may involve the processing of personal data of third parties, as meant in the European General Data Protection Regulation. In light of the foregoing, Parties conclude a separate data processing agreement in accordance with the European General Data Protection Regulation, wherein Lumion shall have the capacity of ‘processor’ and Customer shall have the capacity of ‘controller’. If, with respect to the personal data in question, Customer itself already functions as a ‘processor’, Lumion shall act in the capacity of a sub-‘processor’.
21.1. Disputes arising out of decisions or complaints regarding Content may alternatively be brought before a certified out-of-court dispute settlement body, if any. The European Commission maintains a website (https://digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement) listing all available certified out-of-court dispute settlement bodies.
22.1. If Customer or its End Users frequently file manifestly unfounded notices or complaints, Lumion has the right to (temporarily) suspend Customer or its End Users from filing more notices or complaints.
22.2. Lumion will notify Customer or its End Users with a warning when it becomes aware of a manifestly unfounded notice or complaint filed by Customer or its End Users. After the notification, Customer or its End Users has two weeks to object Lumion’s assessment by providing proof the notice isn’t manifestly unfounded. If Customer or its End Users does not Object Lumion’s assessment or fails, in Lumion’s discretion, to provide convincing evidence Lumion’s assessment is false, the notification will count as a manifestly unfounded notice.
22.3. The following criteria will be taken into account when assessing whether Customer or its End Users frequently files a manifestly unfounded notice:
a. the severity of the notice;
b. the number of manifestly unfounded notices.
23.1. The Platform will be delivered on the basis of a best-efforts obligation, unless and to the extent that Lumion has pledged an explicit result in the SLA and the relevant result has also been adequately described.
23.2. Lumion has the right to take its systems, including the Platform, in their entirety or in part, temporarily out of operation for the purpose of maintenance (planned or unplanned), adjustment, or improvement. Lumion will endeavor to ensure that as far as possible any downtime periods are scheduled outside office hours, and will undertake to inform the Customer or its End User in good time of the scheduling of downtime periods. However, Lumion is never liable for compensation for damages arising from such downtime periods.
23.3. Lumion has the right to adapt its systems, including the Platform, in their entirety or in part, from time to time in order to improve their functionality and/or to correct errors. If an adjustment causes a considerable change in functionality, Lumion will undertake to inform the Customer or its End User of this. In the event of modifications that are relevant to multiple Customer or its End Users, it is not possible to waive a specific modification only for the Customer or its End User. Lumion is not liable for any compensation for loss or damage resulting from such a modification.
23.4. If Customer or its End Users post Customer’s Content on the Platform, Lumion is 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.
24.1. After termination of the Agreement, as a result of cancellation, all data stored for the Customer will be kept available until 30 days after the termination, so that the Customer can download the data. After this period, all Customers data will be deleted, regardless of whether the Customer has downloaded it or not, unless otherwise agreed by means of an SLA. Lumion is not obliged to provide the Customer with back-up files on its own initiative, unless agreed otherwise in writing by means of a Service Level Agreement.