TERMS AND CONDITIONS OF USE AND CONTRACTING – LUMINA MEMORIALS

Version 1.2 – Effective Date: January 11, 2026

This Terms and Conditions of Use and Service Agreement (the “Agreement”) governs access to and use of the Lumina Memorials platform (the “Platform”) and the purchase of related services by funeral sector professionals and entities (each, a “Client” and collectively, the “Clients”).

By accessing or using the Platform, or by purchasing any services from Lumina Memorials, the Client acknowledges that it has read, understood, and agrees to be bound by this Agreement.

1. IDENTIFICATION OF THE PROVIDER

For the purposes of applicable law, the service provider and owner of the Platform is:

• Owner: Pedro Sanz Bruguera (“Lumina”)

• Tax ID (NIF): 43503332M

• Contact: info@luminamemorials.com

• Website: luminamemorials.com

2. SCOPE AND PURPOSE OF THE SERVICES

• Lumina provides a white‑label technological solution that enables funeral homes and related businesses to create and manage personalized digital memorials (“Time Capsules”) for their end customers (families).

• The services include, without limitation, multimedia content hosting, condolence message management, and administration tools made available to the Client via the Platform.

3. CREDIT MODEL AND ACTIVATION

• Access to and use of certain functionalities of the Platform are conditioned upon the purchase of credits or activation licenses (collectively, “Credits”).

• Each Credit entitles the Client to activate one (1) individual capsule/memorial.

• Lumina may modify its pricing or rate structure from time to time, provided that Lumina shall give the Client prior notice of any such changes in accordance with applicable law.

• Once a Credit has been redeemed to activate a memorial, such Credit is deemed consumed and is non‑refundable.

4. INTELLECTUAL PROPERTY

• All right, title, and interest in and to the Platform, including without limitation the software, design, source code, logos, trademarks, trade names, know‑how, and underlying technology, are and shall remain the exclusive property of Lumina or its licensors.

• License Grant. Subject to the Client’s continued compliance with this Agreement and timely payment of all applicable fees, Lumina hereby grants the Client a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Platform solely in the ordinary course of the Client’s professional activities.

• White‑Label Use. The Client may customize the interface with its own logo or trade dress to the extent such options are made available by Lumina; however, the Client shall not remove, obscure, or alter any reference such as “Technology by Lumina” or substantially similar attributions where these are incorporated into the base design of the credit‑based service.

5. DATA PROTECTION AND ROLES OF THE PARTIES

To provide the services, certain personal data will be processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), as may be applicable.

• Client as Controller. For purposes of GDPR, the Client (funeral home or equivalent entity) acts as the data controller and is responsible for determining the purposes and means of processing of personal data of families and other data subjects. The Client is solely responsible for ensuring that it has a valid legal basis (including, where applicable, informed consent) for using the Platform and for instructing Lumina to process such data.

• Lumina as Processor. Lumina acts as a data processor and will process personal data only on documented instructions from the Client, except where otherwise required by applicable law.

• Data Processing Agreement. By accepting this Agreement, the Client also accepts in full Lumina’s Data Processing Agreement (“DPA”), which forms an integral part of this Agreement and sets forth the technical and organizational security measures, conditions for sub‑processing, and additional privacy obligations of the parties as required under Article 28 GDPR.

6. SERVICE LEVEL; LIMITATION OF LIABILITY

• Availability. Lumina will use commercially reasonable efforts to make the Platform available with an uptime of at least ninety‑nine percent (99%) on a monthly basis, excluding: (a) scheduled maintenance; (b) downtime attributable to third‑party hosting or cloud providers (including, without limitation, AWS, Google Cloud, or similar); (c) denial‑of‑service or other malicious third‑party attacks; and/or (d) events of force majeure or circumstances beyond Lumina’s reasonable control.

• Monetary Cap. To the maximum extent permitted by applicable law, Lumina’s aggregate liability for any and all claims, losses, or damages arising out of or related to a technical incident affecting the services shall, in the first instance, be limited to a refund of the amount corresponding to the Credit or specific service affected. In no event shall Lumina’s total cumulative liability to the Client, for all claims of any kind and from any cause whatsoever, exceed the total amount actually paid by the Client to Lumina during the three (3) months immediately preceding the event giving rise to the first such claim.

• Exclusion of Indirect Damages. To the fullest extent permitted by law, Lumina shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, loss of data, reputational harm, or moral damages that families or third parties may claim against the Client as a result of technical issues affecting any memorial.

7. CONTINUITY OF MEMORIALS

• Once a memorial has been activated through the redemption of a Credit, Lumina will ensure that the content of such memorial remains accessible to the family for up to thirty (30) days, or for such different period as may have been expressly agreed at the time of purchase.

• This obligation of accessibility shall remain in effect even if the Client terminates its commercial relationship with Lumina, so as to preserve the memory of the deceased, except where Lumina is required to remove or anonymize the data pursuant to an explicit deletion request by legitimate rights holders or by operation of law.

8. PROHIBITED USES AND CONTENT MODERATION

• Family Moderation Tools. The Platform provides family users with a management dashboard enabling them to supervise and moderate, in real time, content (including messages, photographs, and videos) uploaded by relatives or third parties. The designated family administrator of the memorial may, at its sole discretion, remove any content prior to its inclusion in any final compilation or viewing experience.

• Prohibited Content. The Client shall inform end users and ensure that the Platform is not used to host or transmit any content that is illegal, defamatory, violent, pornographic, racist, discriminatory, or that infringes intellectual property or other third‑party rights. The Client remains responsible for any breach of this section by its users, employees, or collaborators.

• Lumina’s Right to Intervene. Without limiting the primary moderation role of families, Lumina reserves the right, but not the obligation, to remove, disable access to, or refuse to display any content that is reported or reasonably suspected to be manifestly unlawful, to infringe third‑party rights, or to violate this Agreement or any applicable policy.

9. GOVERNING LAW AND JURISDICTION

• This Agreement, and any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles.

• The parties irrevocably agree that the courts and tribunals of the city of Barcelona (Spain) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter.