Legal

Terms of Service

Version 2.0 — effective 2026-08-06. Previous versions available on request.

These Terms of Service (“Terms”) govern your access to and use of Lumière. By creating an account or using the service, you agree to these Terms.

1. The service

Lumière is a platform that lets professional photographers upload photographs and deliver them to their clients through private, brandable online galleries, with optional PIN protection, downloads, and client favourites.

2. Accounts and eligibility

You must be at least 18 years old and legally able to enter into a binding contract. You confirm this when you create an account. You are responsible for the accuracy of your account details, for keeping your password secure, and for everything done under your account. You must verify your email address before you can use the portal.

3. Plans, billing and refunds

Lumière has three plans: Free, Pro and Studio. Current prices, in the currency you will actually be charged in, are shown on our pricing page and again on the confirmation screen before you pay. South African Rand (ZAR) is the currency of charge. Prices do not currently include VAT, as Eternity Photography (Pty) Ltd is not VAT registered.

There is no free trial of the paid plans. Billing starts when you upgrade. Paid plans renew automatically — monthly plans on the same day each month, annual plans on the same date each year — until you cancel. We will email you a confirmation and receipt after every charge, and we will email you at least 7 days before an annual plan renews.

Changing plans. You can change plan at any time in Settings → Billing. A plan change takes effect immediately and starts a new billing period at the new plan’s full price. We do not pro-rate or credit the unused part of your previous billing period. Please change plans close to your renewal date if you want to avoid overlap.

Cancelling. You can cancel at any time in Settings → Billing — it takes the same number of steps as subscribing. Cancellation takes effect at the end of the period you have already paid for, and you keep access until then. Deleting your account also cancels any active subscription immediately.

Refunds. If you are not satisfied, email us at eternitysoftwaresolutions.16@gmail.com within 14 days of a charge and we will refund it in full, no questions asked. This is in addition to the seven-day cooling-off right that section 44 of the Electronic Communications and Transactions Act gives South African consumers, and to any other right you have that cannot be excluded by agreement. Refunds are paid back to the card you paid with, within 10 business days.

If your payment fails, we will email you and retry. If it keeps failing, we may move your account to the Free plan. Your galleries stay live but Free plan limits will apply to new galleries.

4. Your content and ownership

You retain full ownership of all photographs and other content you upload. We claim no ownership of your work.

You grant Lumière only the limited, non-exclusive licence necessary to host, store, process, and display your content for the purpose of operating the service and delivering your galleries to the recipients you designate. This licence ends when the content is deleted, subject to routine backup cycles.

We will never use your photographs to promote Lumière, or for any purpose other than delivering them to the people you designate, unless you give us specific written permission first. We do not use your content, or your clients’ information, to train AI or machine-learning models.

5. Acceptable use

You agree not to use Lumière to store or share content that is unlawful, or that infringes the rights of others. In particular:

  • you are responsible for having all necessary rights to the photographs you upload, including any required consent from the people depicted in them and from your clients;
  • you must not upload unlawful, infringing, or harmful content;
  • you must not attempt to disrupt, reverse-engineer, or gain unauthorised access to the service;
  • where your photographs include children, you confirm you have the consent of a parent or guardian for the photographs to be taken, stored on Lumière and delivered to the people you designate; and
  • you must not use Lumière to send unsolicited marketing to your clients or to gallery visitors.

6. Reporting infringing or unlawful content

If you believe content hosted on Lumière infringes your copyright or another right, or is otherwise unlawful, email eternitysoftwaresolutions.16@gmail.com with:

  • the exact gallery or photo web address;
  • what right you hold and how the content infringes it;
  • your name and contact details;
  • a statement that you believe in good faith that the use is not authorised; and
  • a statement that the information is accurate and that you are the rights holder or authorised to act on their behalf.

We will acknowledge your report within 2 business days and decide within 10 business days. If we remove content, we will tell the photographer why, and they may reply with a counter-notice; if they do, we may restore the content unless you tell us you have started legal proceedings. We may close the accounts of repeat infringers.

7. PIN protection

A PIN requires visitors to enter a code before they can view a gallery page. It is a convenience, not a security guarantee.

Individual photo files are served from a content delivery network using long, random, unlisted web addresses. A PIN does not protect a photo file from someone who already has that file’s direct address — for example from a forwarded link or a browser’s history. Do not rely on PIN protection alone for highly sensitive material, and take care how you share gallery links and PINs.

8. Deactivation, deletion and termination

You may deactivate your account at any time from Settings → Security. For 30 days after deactivation your portal and galleries stay fully accessible so you can change your mind and export your work. After 30 days, the portal is locked and your galleries stop loading, but your data is kept until you ask us to delete it.

You may delete your account and all its contents at any time from Settings → Security. This cancels any active subscription and permanently deletes your photographs, clients, contracts, invoices and projects, except billing records we must keep for 5 years for tax purposes. Export your data first if you want to keep a copy — deletion is permanent.

We may suspend or close an account that breaches these Terms. Where we reasonably can, we will warn you first and give you a chance to fix the problem, and we will give you at least 14 days to export your content unless the breach is serious or unlawful.

9. Limitation of liability

⚠ Please read this section carefully. It limits what we are responsible for.

Lumière is provided “as is” and “as available”. We do not promise it will be uninterrupted or error-free, and we do not offer a service level guarantee.

Lumière is not a backup service. You must keep your own copies of every photograph you upload. We are not liable for loss of your files.

To the maximum extent the law allows, we are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of goodwill. Where we are liable, our total liability to you for all claims in any 12-month period is limited to the amount you paid us in that period (or ZAR 500 if you are on the Free plan).

Nothing in these Terms limits liability that cannot lawfully be limited. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and any right you have under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002 that cannot be excluded by agreement. If you are a consumer in the EU or UK, nothing here removes your mandatory statutory rights.

10. Contracts, invoices and electronic signatures

Lumière lets you create contracts and invoices, send them to your clients, and collect electronic signatures.

Our contract templates are starting points, not legal advice. We are not a law firm and we are not your lawyer. Our templates are general drafts that will not fit every situation, every type of shoot, or every country’s law. You are responsible for reading, editing and checking any contract before you send it, and for having a qualified lawyer review it if the stakes justify it. We are not liable for any loss arising from your use of a template or from a contract created on Lumière.

Electronic signatures. Signatures collected through Lumière are ordinary electronic signatures under section 13(2) of the Electronic Communications and Transactions Act. They are not advanced electronic signatures. Some documents — for example a suretyship or the alienation of land — require more than an ordinary electronic signature, and Lumière is not suitable for those. When someone signs, we record their name, email address, signature, IP address, browser type and the time, and we make this available to both parties as evidence.

Contract links are shared links. Anyone holding a contract’s link can view it and sign as any party who has not yet signed. Send contract links only to the people who should have them.

Invoices are documents, not a payment service. Lumière does not process payments between you and your clients, does not hold funds, and does not verify that an invoice was paid. Payment happens directly between you and your client using the instructions you put on the invoice.

11. Complaints and disputes

Please email eternitysoftwaresolutions.16@gmail.com first — we will reply within 5 business days and try to resolve it directly.

These Terms are governed by South African law and the South African courts have jurisdiction. If you are a consumer, this does not take away the protection of the mandatory consumer laws of the country where you live, and you may still bring a claim in your own country’s courts where the law allows. South African consumers may also refer a dispute to the National Consumer Commission or an accredited consumer ombud.

12. Changes to these terms

We may update these Terms from time to time. Material changes will be reflected by updating the version and effective date above. Continued use of Lumière after changes take effect constitutes acceptance of the revised Terms.

These Terms incorporate our Privacy Policy and, if you store information about other people through Lumière, our Operator Agreement. Our company details are available at /legal/company-details.