Terms of Service

1. Who provides the service

Davide Nero, sole trader under the Italian flat-rate regime, VAT number 04051930131, registered at Via Salvo D'Acquisto 197, 22038 Tavernerio (CO), Italia. Contact: trust@luneaistudio.com.

LuneAI Studio is a self-serve platform that generates video and photographic content using artificial intelligence models operated by third parties.

2. Nature of the service and absence of warranties

The Service generates content using artificial intelligence models operated by third parties. Output is produced automatically, is provided “as is”, and may be inaccurate, misleading, implausible, or similar to existing works. We give no warranty that output is accurate, fit for any particular purpose, original, or free from third-party rights.

You must review every piece of content before publishing or using it. You are solely responsible for what you publish.

Performance insights and preset recommendations, where present, are statistical estimates based on past data. They are not a prediction or a guarantee of reach, engagement, sales or any other commercial outcome.

3. Rights in the output

Subject to payment, we assign to you any rights we may hold in the output you generate, and you may use it for commercial purposes.

Two limitations remain, imposed on us by the providers of the models and therefore passed on to you: you may not use the output to develop, train or improve AI models or services competing with those that generated it, nor to deliberately reproduce or closely mimic the works used to train those models. Beyond that, commercial use is unrestricted.

Please note that in the EU and many other jurisdictions, content generated by artificial intelligence without significant human creative input may not be protected by copyright. We cannot and do not guarantee that output is protectable, exclusive to you, or that similar content will not be generated for other users.

4. Your AI transparency obligations

Where content you generate depicts real or realistic persons, places or events, EU law requires you to disclose that it is artificially generated when you publish it (Regulation (EU) 2024/1689, Article 50).

We mark all output with machine-readable provenance metadata (C2PA) and provide labelling tools — using them is your responsibility.

5. Indemnity

You will defend, indemnify and hold harmless LuneAI Studio, its officers, employees and suppliers from and against any claim, demand, proceeding, loss, liability, damage, cost or expense (including reasonable legal fees) brought by a third party and arising out of or connected with:

a) copyright or other intellectual property rights — material you upload, or content you generate, publish or distribute that reproduces or is derived from a protected work;

b) image and personality rights — content depicting or resembling a real person, published without that person's consent;

c) trademarks and unfair competition — content reproducing, imitating or evoking a third party's trademark, trade dress or advertising campaign;

d) your breach of these Terms, of the Acceptable Use Policy, or of any applicable law, including your transparency obligations for AI-generated content.

We may, at our option, assume the exclusive defence of any such claim, in which case you will cooperate with us. You may not settle any claim in a way that imposes obligations on us without our prior written consent. This clause survives termination of the agreement.

6. Limitation of liability

To the maximum extent permitted by law, we shall not be liable for indirect or consequential damages, loss of profit, loss of business, loss of data or loss of goodwill.

Our aggregate liability arising out of or in connection with the Service shall not exceed the greater of (i) the fees you paid to us in the twelve months preceding the event giving rise to the claim, and (ii) EUR 100.

Nothing in these Terms excludes or limits liability for wilful misconduct or gross negligence, for death or personal injury, or any other liability that cannot be excluded under applicable law.

7. Suspension and termination

We may suspend your account immediately and without notice only in the following cases: (a) child sexual abuse material, or any content whose possession or distribution is a criminal offence; (b) serious breach of the Acceptable Use Policy; (c) payment fraud or fraudulent chargeback; (d) a manifestly well-founded report of infringement of third-party rights; (e) an order from a judicial or administrative authority; (f) conduct endangering the security of the Service or of other users.

In any other case of breach we will give you 14 days' notice to remedy.

We will tell you about the suspension and the reason, and you may submit your observations: we will assess them within 10 days and reinstate the account if they are well-founded. We keep your content for 30 days from suspension, unless the law requires otherwise. In cases (a) to (d) remaining credits are not refundable; in all other cases we refund the unused portion pro rata.

8. Credits, renewal and withdrawal

The Service is sold by subscription. One currency: credits. Credits included in a plan renew every month and do not roll over: unused credits expire at the end of the billing cycle. Credits already consumed are not refundable.

Credits are held when you make a request and are charged only once a generation succeeds: if the generator fails, the credit stays yours.

Subscriptions renew automatically. The amount and date of renewal are shown before purchase, and cancelling takes the same number of steps as subscribing.

Consumers — right of withdrawal. You have 14 days to withdraw. If you request immediate access to the Service and start a generation before that period ends, you lose the right of withdrawal for the credits you have used; for unused credits the right remains in full.

9. Governing law and jurisdiction

These Terms are governed by Italian law.

If you are a consumer, the mandatory rights granted to you by the law of your country of residence remain unaffected, and the courts of your place of residence have jurisdiction. The European Online Dispute Resolution platform is also available.

If you are a business or professional, the Court of Como has exclusive jurisdiction.