These Terms of Service ("Terms") form a binding agreement between you ("User", "you") and Lumizone Łukasz Blania, a sole proprietorship registered in CEIDG, with its registered office at ul. Malińska 1, 47-320 Gogolin, Poland, Tax ID (NIP) 1990132289 ("Lumizone", "we", "us"), concerning your use of the First Person Viewpoint mobile application and the website firstpersonviewpoint.com(together, the "Service").
By creating an account or using the Service you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
These Terms are issued in accordance with Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services (Ustawa o świadczeniu usług drogą elektroniczną) and constitute the Regulations (regulamin) required by that Act.
1. Definitions
- Service — the First Person Viewpoint mobile application and associated website.
- Account — the personal account created upon successful sign-in.
- Subscription — a paid plan (Pro, Max) billed monthly through Google Play or the Apple App Store.
- Action — a unit of consumption against your monthly tier limit (see Section 5).
- Content — any text, image, world, character, codex entry, comment, or other material you submit.
- Community — the in-app section where users can publish worlds for other users to interact with.
- Consumer — a natural person acting for purposes outside their trade, business, craft or profession, within the meaning of Polish law and Directive 2011/83/EU.
2. The Service
First Person Viewpoint is an AI-powered interactive narrative application. You create characters and fictional worlds, enter those worlds as a first-person protagonist, and drive stories through free-text input. A generative AI system (Google Gemini) produces narrative responses based on your input and the story context.
The Service is provided electronically, on demand, through devices running Android or iOS and, in a read-only form, through the website. Technical requirements: a compatible smartphone (Android 8.0+ or iOS 15+), internet connectivity, and an account with Google or Apple for authentication.
3. Eligibility and Accounts
You must be at least 18 years old to use the Service. The Service may generate mature content including violence, horror, and romantic themes. By creating an Account you confirm, under your own responsibility, that you are 18 or older.
You must provide accurate information during sign-in and keep your credentials confidential. You are responsible for all activity that takes place under your Account. Notify us immediately at contact@firstpersonviewpoint.com of any unauthorised use.
One person may hold one Account. Automated creation of accounts and the use of bots are prohibited.
4. Conclusion of the Agreement
The agreement for the free use of the Service is concluded at the moment you successfully create an Account and accept these Terms. The agreement for a paid Subscription is concluded at the moment the relevant app store confirms the purchase. Both agreements are concluded for an indefinite period and may be terminated as described in Section 11.
5. Subscription Plans, Payments and Usage Limits
The Service is available in a free tier and in paid tiers (Pro, Max). Current prices, included monthly Actions, and feature limits are displayed in the Service before you complete a purchase. The currently applicable prices are set by the respective app store and may differ based on your region and local taxes.
Paid Subscriptions renew automatically each month until cancelled. You can cancel at any time through your device's subscription settings; cancellation takes effect at the end of the current billing period. Refunds, where applicable, are handled exclusively by Google Play or Apple under their respective policies. Lumizone does not process payments directly and cannot issue refunds outside those policies.
Each tier has a monthly allowance of Actions. One narrative generation = 1 Action. Image generation (cover, avatar) consumes a larger number of Actions, clearly indicated in the app before you confirm. When you reach your monthly allowance, narrative generation pauses until the allowance resets at the start of the next calendar month or until you upgrade your tier.
Free plan and advertising. The free plan is supported by advertising served by Google AdMob. Pro and Max plans do not show advertisements. On the free plan, the Service may display: (a) clearly labelled native ads in the Community Browse list, and (b) opt-in "rewarded video" ads that you may choose to watch in exchange for a small number of additional Actions during the current billing cycle. The number of rewarded videos per day, and the number of Actions granted per video, are displayed in the app and may change at our reasonable discretion (with prior notice for material reductions). We do not guarantee that ads or rewarded videos will be available at any particular time, and the rewarded-ad mechanism does not entitle you to any specific number of Actions beyond the per-video grant actually delivered. Use of advertising features is subject to our Privacy Policy, Section 6A.
6. Consumer Right of Withdrawal — Important Notice
Immediate start of performance. The Service is provided as digital content and/or a digital service not supplied on a tangible medium. By starting to use the Service (in particular by triggering any AI generation such as an "opening") you explicitly request that performance of the agreement begin before the 14-day withdrawal period expires, and you acknowledge that by doing so you lose the statutory right of withdrawal with respect to the digital content actually delivered, in accordance with Article 38(13) of the Polish Act on Consumer Rights of 30 May 2014 and Article 16(m) of Directive 2011/83/EU.
Before performance begins, you have the right to withdraw from the agreement within 14 days from its conclusion, without giving any reason, by an unambiguous statement sent to contact@firstpersonviewpoint.com. A sample withdrawal form is available on request.
7. User Content and Licence
You retain ownership of the Content you create. You are solely responsible for your Content and for ensuring that you have all necessary rights to submit it.
By submitting Content to the Service, you grant Lumizone a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, and transmit the Content to the extent necessary to operate and provide the Service to you. By publishing Content to the Community you additionally grant other users a non-exclusive, non-transferable, royalty-free licence to view that Content and to use it as a starting point for their own narrative sessions within the Service. You may revoke the Community publication licence at any time by unpublishing; however, copies incorporated into other users' active sessions may persist as part of those users' own saved data.
Lumizone does not claim ownership of your Content and will not use it to train AI models.
8. Acceptable Use
You agree not to use the Service to create, store, generate, publish or distribute Content that:
- depicts or sexualises minors in any form (zero-tolerance policy — violation results in immediate termination and reporting to competent authorities where legally required);
- constitutes child sexual abuse material, non-consensual sexual content, bestiality, incest, or promotes sexual violence;
- incites violence, hatred or discrimination against a group or individual based on race, ethnicity, religion, gender, sexual orientation, disability or similar grounds;
- glorifies, encourages, or provides operational instructions for real-world terrorism, self-harm, suicide, or the manufacture of weapons, explosives or controlled substances;
- infringes intellectual property rights, personality rights, trade secrets or any contractual obligations;
- constitutes defamation, harassment, stalking, doxxing or threats against identifiable persons;
- is unlawful under Polish, European Union, or applicable international law.
You further agree not to:
- attempt to bypass age gates, usage limits, authentication, rate limiting, content moderation, or prompt-injection defences;
- reverse-engineer, decompile, or disassemble the Service, except to the extent expressly permitted by mandatory law;
- scrape, crawl, or automate access to the Service;
- resell, sublicense, or commercially exploit the Service other than through its intended features;
- use the Service to build a competing product, to train another AI model, or to extract training data in bulk;
- submit Content that you know or reasonably should know to be false or misleading where this may cause harm.
9. AI-Generated Content — Disclaimer
Narrative text and images are produced by generative artificial intelligence. In accordance with Article 52 of the EU AI Act you are informed that you are interacting with an AI system. AI output is fictional, may be unexpected, inconsistent, factually inaccurate, or offensive. It is not professional advice of any kind (medical, legal, financial, psychological or otherwise). You use AI-generated content at your own discretion and risk.
The Service does not perform automated decision-making that produces legal or similarly significant effects on you within the meaning of Article 22 GDPR.
10. Content Moderation and Reports (DSA)
As a provider of an intermediary hosting service we comply with Regulation (EU) 2022/2065 (Digital Services Act).
Content submitted to the Community is filtered on submission against an automated blocklist. Users can flag Content through the in-app "Report" mechanism. Content that receives a small number of independent reports is automatically hidden pending review. We may remove, hide, or restrict access to Content, and suspend or terminate Accounts, where we become aware that Content or behaviour violates these Terms or applicable law.
If your Content or Account has been subject to a moderation decision, you will receive a statement of reasons where required by the DSA, and you may contest the decision by writing to contact@firstpersonviewpoint.com. Internal complaints are handled within the time limits required by the DSA. You also have the right to refer the dispute to an out-of-court dispute settlement body certified under Article 21 DSA; we will provide details on request.
To submit a notice concerning allegedly illegal content, send a description of the Content (including, where possible, a URL or in-app identifier), the reason you consider it illegal, and your contact details to contact@firstpersonviewpoint.com. We will acknowledge receipt and act on it in a timely, diligent, non-arbitrary and objective manner.
11. Suspension and Termination
You may terminate the agreement at any time by deleting your Account (Settings → Delete Account) or by writing to us. Deletion removes your Content from our systems within 30 days, subject to the retention periods set out in the Privacy Policy (e.g. tax records).
We may suspend or terminate your Account, with or without prior notice, in case of serious or repeated violation of these Terms, fraud, abuse, legal obligation, court order or public authority order. Where the termination is not due to your fault and a paid Subscription is active, we will refund the pro-rata portion of the current billing period where required by law; such refunds, where handled by the app store, are subject to store policies.
12. Complaints Procedure
If the Service does not operate as described, you may submit a complaint to contact@firstpersonviewpoint.com. The complaint should include: the User's identifying details (email), a description of the issue, the date of occurrence, and the expected resolution. We will respond within 14 days of receipt. Failure to respond within that period is deemed acceptance of the complaint in the case of Consumers.
Consumers may also use out-of-court dispute resolution procedures: (a) the European Commission ODR platform at ec.europa.eu/consumers/odr, (b) local consumer ombudsmen (miejski / powiatowy rzecznik konsumentów), (c) the Trade Inspection (Inspekcja Handlowa). Use of these procedures is voluntary.
13. Warranty and Statutory Remedies
As a Consumer within the EEA you have statutory rights in the event that the digital content or digital service does not conform with the agreement, under Directive (EU) 2019/770 and Chapter 5b of the Polish Act on Consumer Rights. These rights include the right to demand bringing the content or service into conformity, a proportionate price reduction, or termination of the agreement, in line with the hierarchy of remedies set out in that Chapter. Nothing in these Terms limits or excludes those rights.
14. Intellectual Property
The Service — including its software, design, trademarks, logos, and non-user-generated assets — is the property of Lumizone or its licensors and is protected by copyright and other intellectual property laws. These Terms grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial purposes, solely in accordance with these Terms.
15. Limitation of Liability
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Lumizone is not liable for indirect, incidental, consequential, punitive, or special damages, loss of profits, loss of data, or loss of goodwill arising from the use of or inability to use the Service.
Nothing in these Terms limits or excludes Lumizone's liability for: (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) liability that cannot be limited or excluded under mandatory Polish or EU law — in particular, liability towards Consumers for non-performance or improper performance of the agreement.
16. Force Majeure
Lumizone is not liable for failure or delay in performance caused by events outside its reasonable control, including natural disasters, war, strikes, failure of telecommunications networks, failure of third-party infrastructure (cloud providers, AI providers, app stores), or acts of public authority.
17. Changes to these Terms
We may amend these Terms for valid reasons, including: changes to applicable law, changes to the functionality of the Service, changes to fees, security or abuse prevention, or correction of errors. The updated Terms will be posted at firstpersonviewpoint.com/terms. We will notify registered users of material changes by in-app notice or email at least 14 days before they enter into force. If you do not accept the changes you may terminate the agreement before they take effect by deleting your Account.
18. Governing Law and Jurisdiction
These Terms are governed by Polish law, without prejudice to mandatory consumer rights granted to you under the law of your country of residence within the European Economic Area. Disputes between Lumizone and a Consumer shall be subject to the jurisdiction of the courts competent according to general rules of Polish and EU law (in particular Regulation (EU) 1215/2012). Disputes between Lumizone and non-consumers shall be subject to the exclusive jurisdiction of the common court competent for the registered office of Lumizone.
19. Final Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. These Terms constitute the entire agreement between you and Lumizone concerning the Service and supersede any prior agreements on the same subject matter.
20. Contact
Lumizone Łukasz Blania · ul. Malińska 1, 47-320 Gogolin, Poland · NIP 1990132289 · contact@firstpersonviewpoint.com