API Terms of Use

These API Terms of Use ("API Terms") supplement our Enterprise Terms of Service and Individual User Terms of Service (as applicable), and govern the use of our Luma services via API access (collectively, the "Agreement"). This Agreement is a legally binding contract between you and Luma AI, Inc. ("Luma," "us," "we," or "our") regarding your use of the Services. All references to "Customer," "you," or "your" refer to the company, organization, or other legal entity that is entering into this Agreement (and its Affiliates), or, if you are accessing the APIs as an individual user, to you personally. If you are a company, organization, or other entity, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement. In the event of a conflict between these API Terms and our Enterprise Terms of Service or Individual User Terms of Service, these API Terms control.

For purposes of these API Terms, the following definitions apply in addition to the definitions set forth in the Enterprise Terms of Service and Individual User Terms of Service (as applicable):

• "APIs"means Luma's application programming interfaces, software development kits (SDKs), and related tools, libraries, sample code, and documentation made available by Luma for programmatic access to the Services.
• "API User"means any end user, customer, or other third party who accesses or uses the Services, APIs, or Output through or in connection with Customer's applications, products, services, or platforms (collectively, "Customer Services"). For Customers subject to the Enterprise Terms of Service, API Users include Authorized Users as defined therein.
• "Acceptable Use Policy"or "AUP" means (i) with respect to Customers subject to the Enterprise Terms of Service, Luma's Acceptable Use Policy as referenced therein and as updated by Luma from time to time, and (ii) with respect to Users subject to the Individual User Terms of Service, the acceptable use and prohibited content provisions set forth in Section 2.3 of the Individual User Terms of Service, as updated by Luma from time to time.
• "Documentation"means Luma's official technical documentation, developer guides, API references, specifications, and other instructional materials relating to the APIs, as published and updated by Luma from time to time.
• "Output"has the meaning set forth in the Enterprise Terms of Service or Individual User Terms of Service, as applicable to Customer.
• "Services"has the meaning set forth in the Enterprise Terms of Service or Individual User Terms of Service, as applicable to Customer.

API Credentials and Security

Customer Responsibility

Customer is solely responsible for safeguarding all API keys, tokens, access credentials, and other authentication materials issued to Customer or generated by Customer in connection with the Services (collectively, "API Credentials"). Customer shall implement and maintain reasonable administrative, technical, and physical security measures to protect API Credentials from unauthorized access, disclosure, or use. Customer is fully responsible and liable for all access to and use of the Services under Customer's API Credentials, whether or not such access or use is authorized by Customer. Luma shall have no liability for any unauthorized use of Customer's API Credentials.

Restrictions on Sharing

Customer shall not share, transfer, or disclose API Credentials to any third party except to Users or API Users who are authorized by Customer and who require access solely to enable Customer's permitted use of the Services under this Agreement. Any distribution of API Credentials beyond such authorized personnel is strictly prohibited.

Breach Notification

Customer shall notify Luma in writing within twenty-four (24) hours of becoming aware that any API Credentials have been compromised, lost, stolen, or accessed without authorization. Such notice shall include all reasonably available information regarding the nature and scope of the incident.

Credential Management

Luma reserves the right to rotate, suspend, revoke, or reissue any API Credentials for reasons of security, suspected abuse, violation of this Agreement, or general maintenance and operational requirements. Except where immediate action is reasonably necessary to address a security threat or ongoing abuse, Luma will provide Customer with reasonable advance notice of any planned credential rotation or reissuance.

Additional Security Requirements

Luma may implement additional security requirements, authentication protocols, or credential management procedures at any time upon notice to Customer, and Customer shall comply with all such requirements as a condition of continued access to the Services.

Rate Limits and Usage Quotas

Rate Limits

Luma may, in its sole discretion, impose, modify, and enforce rate limits, request quotas, throughput caps, and other usage restrictions applicable to Customer's access to and use of the APIs (collectively, "Rate Limits"). Luma may communicate Rate Limits through its Documentation, Order Form, or other written notice to Customer.

Compliance

Customer shall comply with all applicable Rate Limits at all times. Customer shall not attempt to circumvent, work around, or otherwise exceed any Rate Limit by any means, including through the use of multiple accounts, credential sharing, or technical manipulation.

Consequences of Exceeding Limits

If Customer exceeds applicable Rate Limits, Luma may, in its sole discretion and without prior notice or liability to Customer, throttle, suspend, or terminate Customer's access to the APIs. Luma shall have no obligation to restore access until Customer has remediated the cause of the excess usage to Luma's reasonable satisfaction.

No Service Levels

Unless expressly set forth in an Order Form executed by both parties, Luma makes no representations or warranties regarding API availability, uptime, response times, or service levels, and no service level agreement shall apply to Customer's access to the APIs.

Expiration of Unused Quotas

Unused API call quotas, request allowances, or credits allocated within any billing period shall not roll over to any subsequent billing period, shall expire at the end of the applicable period, and are non-refundable under any circumstances.

API Modifications and Deprecation

Right to Modify

Luma reserves the right to modify, update, enhance, deprecate, or discontinue any API, API endpoint, API feature, or API functionality at any time and in Luma's sole discretion.

Notice for Breaking Changes

For material breaking changes that are not related to security vulnerabilities, legal or regulatory compliance requirements, abuse or misuse of the Services, or other exigent circumstances, Luma will use commercially reasonable efforts to provide Customer with at least thirty (30) days' prior written notice. Luma shall have no obligation to provide advance notice in connection with any other modifications, and any such thirty (30) day notice period shall not be construed as a commitment to maintain any particular API version or functionality beyond such period.

No Backward Compatibility

Luma has no obligation to maintain backward compatibility of any API, and Customer acknowledges that updates or modifications to the APIs may require corresponding changes to Customer's integrations, applications, or services. Customer is solely responsible for developing, updating, and maintaining its API integrations to remain compatible with the then-current version of the APIs, and Luma shall have no obligation to assist Customer in updating or maintaining Customer's integrations.

If Luma makes a modification that materially reduces the functionality of the APIs, Customer may terminate the applicable Order Form by providing written notice within thirty (30) days of such modification. Luma will refund any prepaid amounts attributable to unused Services following the effective date of termination. Customer's continued access to or use of the APIs following any modification or update beyond such thirty (30) day period shall constitute Customer's acceptance of the modified or updated APIs.

Downstream User Requirements

API User Terms

Customer shall ensure that all API Users are bound by written terms of service or end user license agreements that contain restrictions and protections at least as restrictive as those set forth in Luma's Acceptable Use Policy, as updated by Luma from time to time. Customer shall not grant any API User rights that exceed the rights granted to Customer under this Agreement.

Disclosure of AI-Generated Output

Customer shall ensure that API Users are informed, through Customer's terms of service, documentation, or other reasonable means, that Output generated through the Services is AI-generated content. Customer shall not permit API Users to misrepresent AI-generated Output as human-authored or human-generated content.

Liability for API Users

Customer is fully responsible and liable for the acts, omissions, content, and conduct of all API Users as if such acts, omissions, content, and conduct were Customer's own. Customer's responsibility for API Users shall not limit any other obligation or liability of Customer under this Agreement.

Content Moderation

Customer shall implement and maintain reasonable content moderation policies, technical controls, and abuse prevention measures designed to prevent API Users from using the Services in violation of this Agreement, the Acceptable Use Policy, or applicable Law.

Complaint Handling

Customer shall maintain a commercially reasonable process for receiving, reviewing, and responding to complaints, reports, or notices regarding API User conduct that may violate this Agreement, the Acceptable Use Policy, or applicable Law.

Suspension on Request

Upon Luma's written request, Customer shall promptly suspend or permanently terminate any API User's access to the Services. Customer shall comply with any such request within forty-eight (48) hours of receipt, or such shorter period as may be reasonably necessary to prevent imminent harm as specified in Luma's request. Luma may also directly disable any API User's access if Luma determines, in its sole discretion, that such action is necessary to prevent harm to Luma, other customers, third parties, or the Services.

Prohibited Uses

Customer shall not permit any API User to access or use the Services (a) for any High Risk Activities, as defined in the Enterprise Terms of Service or the Individual User Terms of Service (as applicable), or (b) in connection with any Prohibited Data, as defined in the Enterprise Terms of Service or the Individual User Terms of Service (as applicable), or any data the processing of which is prohibited under applicable Law or this Agreement.

API-Specific Use Restrictions

Prohibited Actions

In addition to the restrictions set forth in the Enterprise Terms of Service or the Individual User Terms of Service (as applicable), Customer shall not, and shall not permit any User or API User to:

1. circumvent, disable, bypass, or otherwise interfere with any Rate Limits, access controls, authentication mechanisms, security features, or other technical measures implemented by Luma in connection with the APIs or the Services;
2. access the APIs through any automated means, scripts, bots, scrapers, or other tools other than those expressly authorized by Luma's Documentation and through Luma's documented API methods and endpoints;
3. conduct, facilitate, or publish any performance benchmarks or competitive analyses of the Services or APIs without Luma's prior written consent; provided that Customer may conduct internal, non-published performance evaluations and security assessments of the APIs solely for Customer's own use in connection with Customer's integration of the Services, and provided further that any penetration testing shall require Luma's prior written consent and coordination;
4. white-label, rebrand, resell, sublicense, or otherwise make the Services, APIs, or Output available to third parties as a standalone product or service without Luma's prior written consent;
5. use the APIs to build, develop, train, or support any product, service, model, or system that competes with Luma or that substantially replicates the core functionality of the Services;
6. scrape, data mine, systematically extract, or otherwise collect data from the Services beyond the Output generated in direct response to authorized API requests;
7. attempt to reverse engineer, disassemble, decompile, derive, reconstruct, or otherwise access or discover any underlying models, weights, algorithms, source code, training data, trade secrets, or other proprietary components of the Services; or
8. use the APIs or any Output, in whole or in part, to create, compile, or contribute to any training dataset, fine-tuning dataset, evaluation dataset, or other data used to develop, improve, or train any artificial intelligence or machine learning model or system, whether Customer's own or a third party's.

Branding and Attribution

Required Attribution

If required by Luma in writing or as specified in an applicable Order Form, Customer shall display "Powered by Luma" or such other attribution language as Luma may specify in all Customer Services that incorporate or make use of the APIs or Output. Such attribution shall be displayed in a manner and location that is clearly visible to end users.

Use of Luma Marks

Except as required pursuant to Section 6.1 above, Customer shall not use Luma's name, logo, trademarks, service marks, trade dress, or other proprietary branding, or make any public statement, press release, marketing material, or other communication that states or implies that Luma endorses, sponsors, certifies, or is affiliated with Customer, Customer Services, or any product or service offered by Customer, without Luma's prior written consent. Any approved use of Luma's marks shall comply with Luma's then-current trademark usage guidelines, as provided by Luma.

Mutual Publicity Restrictions

Except with the other party's express prior written permission in each instance, neither party will: (a) include the other party's name or logo on its websites, media, or marketing materials; or (b) make any public statement about its relationship with the other party or this Agreement.

Suspension and Termination of API Access

Grounds for Suspension

Luma may, in its sole discretion and without prior notice to Customer, immediately suspend or terminate Customer's access to all or any portion of the APIs if Luma reasonably believes that (a) Customer or any API User has violated the Acceptable Use Policy, the API-Specific Use Restrictions set forth in Section 5 of these API Terms, or any applicable Law; (b) Customer or any API User has engaged in fraudulent, abusive, or harmful conduct; (c) continued access poses a risk of harm to Luma, the Services, other customers, or third parties; or (d) abnormal usage patterns, unusual traffic volumes, potential security threats, compromised credentials, or any other conduct warrants immediate action to protect the integrity, security, or availability of the Services.

Performance Impact

Luma may suspend Customer's API access if Customer's usage materially degrades the performance or availability of the Services for other customers of Luma. In such event, Luma will use commercially reasonable efforts to notify Customer of the suspension and the basis therefor.

Payment Obligations

Suspension of Customer's API access shall not relieve Customer of any of its payment obligations under this Agreement or any Order Form. All fees accrued prior to the date of suspension or termination shall remain due and payable.

Effect of Termination

Upon the expiration or termination of this Agreement or Customer's access to the APIs for any reason, Customer shall immediately cease all use of the APIs and shall permanently delete or destroy all API Credentials and any cached or stored API responses to the extent required by Luma or applicable Law.

Customer API-Specific Indemnification

In addition to, and not in limitation of, Customer's indemnification obligations under the Enterprise Terms of Service or the Individual User Terms of Service (as applicable), Customer shall defend, indemnify, and hold harmless Luma and its affiliates, officers, directors, employees, contractors, and agents from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) any claim by an API User or any third party arising out of or related to Customer's API integration, Customer Services, or Customer's distribution of or access to Output through the APIs; (b) any claim arising from the acts, omissions, content, conduct, or activities of any API User; (c) Customer's failure to comply with the downstream user requirements set forth in Section 4 of these API Terms; or (d) any claim that Customer's API integration, Customer Services, or Customer's use of the APIs or Output infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other rights if any third party.

Documentation and Support

The APIs are provided "as documented," meaning that the features, functionality, and specifications of the APIs are as described in Luma's official technical documentation, developer guides, and API references made available by Luma ("Documentation"). Customer's sole and authoritative source of information regarding the APIs' features, functionality, specifications, and permitted use is the Documentation. Luma has no obligation to provide technical support, maintenance services, bug fixes, patches, or updates for the APIs except as expressly specified in an Order Form or separate written support agreement executed by both parties. The absence of an express support commitment in an Order Form shall be deemed a waiver by Customer of any claim to support services. Customer is solely responsible for designing, developing, testing, deploying, and maintaining all API integrations, applications, and services that interact with the APIs, and for ensuring that such integrations and applications comply with this Agreement and the Documentation. Customer shall use the current version of the APIs or, at Luma's discretion, the immediately preceding version during any applicable deprecation period. Luma has no obligation to support, maintain, or ensure compatibility with any deprecated API version beyond any deprecation period communicated by Luma. Luma may update, revise, or supplement the Documentation at any time and without prior notice to Customer. Customer is solely responsible for regularly reviewing the Documentation to ensure that Customer's integrations and use of the APIs remain in compliance with the then-current Documentation and this Agreement.

No Training on API Input or Output

No Training Commitment

Notwithstanding any other provision of this Agreement, including without limitation any provision of Luma's Terms of Service (including Section 4.2 thereof), Luma will not use (a) any Input submitted by Customer to the Services through Customer's API access under these API Terms, or (b) any Output generated by the Services in connection with Customer's API access under these API Terms, to train, fine-tune, or otherwise develop Luma's artificial intelligence or machine learning models. For clarity, this Section 10 applies solely to Customer's use of the Services via API access governed by these API Terms and does not apply to any use of the Services through channels or interfaces other than the APIs.