Terms of Use

The short version

Here’s the gist, in plain terms. These Terms are the agreement between you and the studio for using our apps. The apps are licensed to you for your own personal use, and they’re offered as-is. They’re free to use today. EyesLikeMe is a screening tool — it gives you a sense of your color vision; it is not a medical diagnosis. How we handle your data is covered in our Privacy policy. This summary is here for convenience — the full Terms below are what actually govern, so please read them.

Who these terms are with

These Terms of Use (the “Terms”) are an agreement between you and Lucubra LLC, which publishes its apps under the name Lucubra Studio. When we say “we,” “us,” or “the studio,” we mean Lucubra LLC. By downloading, installing, or using any of our apps, you agree to these Terms and to our Privacy policy, which is part of them. If you don’t agree, please don’t use the apps.

The apps these terms cover

These Terms apply to the Lucubra Studio apps listed below:

Who can use the apps

You need to be at least 13 years old to use our apps. If you’re under the age where you live that’s needed to agree to terms like these on your own (in some places that’s 16), you may use the apps only with the involvement of a parent or guardian who agrees to these Terms on your behalf. Our apps are made for a general audience and aren’t directed to children under 13 — our Privacy policy explains how we treat children’s data. By using the apps, you confirm you meet these requirements.

Your license to use the apps

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use our apps on devices you own or control — for your own personal, non-commercial use, in line with these Terms and with the usage rules of the app store you downloaded from. The apps are licensed to you, not sold. You may not copy, modify, reverse engineer, rent, resell, or redistribute the apps, except where the law expressly allows it. Your use of an app is also subject to the standard license terms of the app store you downloaded it from — for example, Apple’s standard Licensed Application End User License Agreement.

Acceptable use

When using our apps, you agree not to:

• Use them in a way that breaks the law or infringes anyone’s rights.
• Interfere with or disrupt the apps or the systems behind them, or try to gain unauthorized access to them.
• Misuse the apps in a way that could harm other people or the service itself.
• Misuse anything you choose to share through the apps — for example, an EyesLikeMe profile link. You’re responsible for what you share, and for having the right to share it.

Sharing features

Some features let you share something you’ve made in an app — for example, an EyesLikeMe profile link. When you use a feature like that, the shared content travels inside the link itself: we don’t upload, host, or store a copy on our servers. You decide whether to create a share and who to send it to. Because there’s no copy on our end, there’s nothing stored for us to delete, and a link you’ve already sent can’t be recalled — so share only with people you trust. We handle any data as described in our Privacy policy.

Purchases and subscriptions

Most of what our apps do is free, and stays free. Some apps also offer optional paid features — for EyesLikeMe, that’s EyesLikeMe Plus, which unlocks extra journaling, capture, and keepsake features. You never have to buy anything to use the core app.

If you choose to buy:

• How you’re billed. Purchases go through the App Store, using your Apple Account — we never see or store your card or payment details. Plus is offered as auto-renewing subscriptions (billed monthly or yearly) and as a one-time purchase. The price, billing period, and any free-trial terms are always shown to you before you confirm.
• Free trial. If a subscription includes a free trial, it converts to a paid subscription automatically unless you cancel before it ends. Free trials are available to eligible new subscribers only, as determined by the App Store. Any unused part of a trial is forfeited if you buy a subscription.
• Auto-renewal. A subscription renews automatically at the end of each period unless you cancel at least 24 hours before the period ends. Your Apple Account is charged for the renewal within 24 hours before the period ends.
• Managing and canceling. You manage or cancel a subscription anytime in your Apple Account settings. Deleting the app does not cancel a subscription.
• Refunds. The App Store handles all payments and refunds — we can’t process them for you. To request a refund, use Apple’s process at reportaproblem.apple.com, subject to Apple’s terms and to any rights you have under the law where you live.
• Family Sharing. Where available, a Plus purchase can be shared with your Apple Family Sharing group.
• One-time purchase. The one-time purchase is a single payment, not a subscription — it does not renew.
• No obligation. We’re not obligated to keep offering any paid feature, and we may change prices for future purchases; changes never affect a purchase you’ve already made. Your access to a paid feature is subject to these Terms and to the App Store’s terms.

EyesLikeMe is screening, not a diagnosis

EyesLikeMe is a color-vision screening tool. It is not a medical device, and it does not provide a medical diagnosis. Its results are for general information and awareness only. Please don’t rely on them to make medical decisions, and don’t treat them as a substitute for evaluation by a qualified professional. If you have concerns about your vision, talk to an eye-care professional; in an urgent situation, contact a professional or your local emergency services.

The apps are provided “as is”

We work carefully on our apps, but we offer them “as is” and “as available,” without warranties of any kind, whether express or implied, to the fullest extent the law allows. We don’t promise the apps will always be available, uninterrupted, error-free, or fit for a particular purpose. Some places don’t allow certain warranties to be excluded, so parts of the above may not apply to you — and nothing here affects rights you have under the law that can’t be waived.

Changes to the apps

Our apps grow and change over time. We may add, update, or discontinue apps or features — including free ones — and we may do this without notice and without liability to you. If we discontinue an app, we’ll try to handle it thoughtfully.

Limitation of liability

To the fullest extent the law allows:

• We won’t be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or relating to your use of the apps.
• Our total liability to you for everything connected to the apps is limited to the amount you paid us for the app in the 12 months before the claim, or US $100 — whichever is greater.

Nothing in these Terms excludes or limits our liability for things that can’t be limited under the law that applies to you — for example, death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation. Some places don’t allow some of these limits, so parts of this section may not apply to you.

Third-party services

Our apps run on devices and operating systems we don’t control, and they may rely on services provided by others (for example, your device’s operating system, or the app store you downloaded from). When you use our apps, you also agree to follow any applicable third-party terms. We’re not responsible for third-party services, and your use of them is between you and that third party.

Legal and export compliance

By using our apps, you confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. You also agree to comply with any applicable export-control and trade laws when using the apps.

Our intellectual property

The apps — including their software, names, logos, designs, and content — belong to Lucubra LLC and its licensors and are protected by intellectual-property laws. “EyesLikeMe,” “White Noise HD,” and “Lucubra” are our names and marks. We grant you the license described above; all rights we don’t expressly grant are reserved. If you have an intellectual-property concern about something shared through our apps, email us at legal@lucubrastudio.com and we’ll look into it.

Privacy

How we collect and handle data across our apps is explained in our Privacy policy, which is part of these Terms. If anything in these Terms seems to conflict with the Privacy policy on a privacy matter, the Privacy policy controls.

Suspending or ending access

You can stop using our apps at any time — just stop using them, or delete them from your device. We may suspend or stop providing an app or feature, and we may limit or end your access if you seriously or repeatedly misuse the apps or break these Terms. If your access ends, the license we granted you ends too — but the sections meant to last (see “A few more terms”) will continue to apply.

Accessibility

Accessibility is part of how we build — we make EyesLikeMe, after all — and we aim for our apps and this site to be usable by as many people as possible. We can’t promise everything is perfect everywhere, but if you run into a barrier, please tell us at support@lucubrastudio.com and we’ll do our best to help.

Changes to these terms

We may update these Terms as our apps grow. When we do, we’ll change the “last updated” date above. For significant changes, we’ll take reasonable steps to let you know — for example, a notice in the app or on this site. If you keep using the apps after an update takes effect, that means you accept the revised Terms; if you don’t agree, please stop using the apps.

Governing law and where disputes are handled

These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules, except where the law that applies to you requires otherwise. You and we agree that any dispute relating to these Terms or the apps will be handled exclusively in the state or federal courts located in Washington, and you agree to those courts’ jurisdiction — unless the law where you live gives you the right to bring a claim somewhere else, in which case nothing here takes that right away.

A few more terms

• Entire agreement. These Terms, together with our Privacy policy and any app-store usage rules, are the whole agreement between you and us about the apps, and they replace any earlier understandings on that subject.
• Severability. If any part of these Terms is found unenforceable, that part will be limited or removed only as much as needed, and the rest will stay in effect.
• No waiver. If we don’t enforce a part of these Terms right away, that doesn’t mean we’ve given up the right to do so later.
• Assignment. You may not transfer your rights under these Terms to anyone else. We may transfer ours — for example, as part of a sale, merger, or reorganization of the business.
• Events outside our control. We won’t be responsible for failures or delays caused by things reasonably beyond our control.
• Surviving terms. The sections that by their nature should continue will survive after your access ends — including “Purchases and subscriptions,” the disclaimers, “Limitation of liability,” “Our intellectual property,” “Privacy,” “Governing law and where disputes are handled,” and this section.

Contact

Questions, complaints, or claims about these Terms? Email us at legal@lucubrastudio.com. These Terms are published by Lucubra LLC (doing business as Lucubra Studio), a Washington limited liability company.