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End User License Agreement

LUMA Mobile Threat Analysis Software

Effective Date: March 2026 | Version 2.1

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Definitions

"Software" means LUMA Mobile Threat Analysis, including updates, documentation, and related materials.

"Licensor" means TSCM Intelligence Agency Ltd., Company ID 515887677.

"Licensee" means the individual or entity purchasing a license.

"Authorized Device" means a device owned by Licensee or for which proper written authorization exists from the device owner or valid legal authority.

2. Software Classification and Legal Standing

2.1 Defensive Forensic Tool

LUMA is classified as a defensive forensic analysis tool. It is designed exclusively for the detection and identification of surveillance software, spyware, and unauthorized monitoring tools on mobile devices. LUMA does not create, deploy, distribute, or facilitate the installation of any surveillance or intrusion software.

2.2 Distinction from Offensive Cyber Tools

For the avoidance of doubt, LUMA is fundamentally distinct from offensive cyber tools such as spyware, intrusion software, or commercial surveillance products. LUMA:

  • Does NOT access, intercept, or monitor any live communications
  • Does NOT exploit vulnerabilities or bypass device security mechanisms
  • Does NOT install, deploy, or deliver any code to target devices
  • Analyzes forensic artifacts extracted from device backups with device owner consent
  • Compares static forensic data against known Indicators of Compromise (IOCs)
  • When operating in online mode, transmits forensic analysis data (not raw backups or personal content) to cloud-based AI servers for advanced threat assessment
  • When operating in offline mode, performs all analysis locally with no external data transmission

2.3 Regulatory Context

LUMA operates within the same legal framework as established defensive forensic tools such as Amnesty International's Mobile Verification Toolkit (MVT), anti-malware software, and endpoint detection and response (EDR) solutions. Specifically:

  • U.S. Executive Order 14093 (March 2023) restricts government use of offensive commercial spyware; it does not restrict defensive detection tools
  • The Wassenaar Arrangement (December 2017) explicitly exempts vulnerability disclosure and cyber incident response from intrusion software export controls
  • The U.S. Department of Commerce Entity List targets entities that develop and supply offensive spyware, not tools that detect such threats
  • All IOCs used by LUMA are derived from publicly available research by organizations including Amnesty International, Citizen Lab, and peer-reviewed security publications

2.4 Data Processing Modes

LUMA operates in two analysis modes:

Online Mode (Cloud AI Analysis): When internet connectivity is available, LUMA transmits forensic scan findings to secure cloud-based AI servers for advanced forensic analysis. Data transmitted includes IOC matches, behavioral indicators, process anomalies, and device metadata. No raw device backups, personal content (photos, messages, files), passwords, or contact lists are transmitted. Cloud AI providers process data solely for forensic analysis and do not retain data beyond the processing session.

Offline Mode (Local Analysis): When no internet connection is available, or when selected by the user, all data processing occurs entirely on the local machine. No data is transmitted to external servers. If cloud AI services become unavailable during a scan, LUMA automatically falls back to offline mode.

Scan Telemetry: In both modes, anonymous operational metadata (scan identifier, processing duration, analysis engine used, device type, and threat level classification) is transmitted to TSCM Intelligence Agency Ltd. servers for quality assurance purposes. This telemetry contains no personal data from scanned devices.

Internet Connectivity Requirement: Full AI-powered forensic analysis requires an active internet connection to communicate with cloud-based AI servers. Without internet access, the Software will operate in offline mode using a local computation engine, which may provide different or reduced analytical depth. TSCM Intelligence Agency Ltd. does not guarantee the availability, uptime, or performance of third-party cloud AI infrastructure, and shall not be liable for any service disruptions, outages, or modifications to third-party services that may affect online analysis capabilities.

3. License Grant

Subject to the terms of this Agreement, Licensor grants Licensee a limited, non-exclusive, non-transferable, revocable license to use the Software for lawful defensive forensic analysis purposes only.

3.1 License Types

  • Single Scan License: One-time use for analysis of a single device.
  • Professional License: Annual subscription for unlimited scans within the license period.
  • Enterprise License: Multi-seat deployment for organizations, subject to separate agreement.

4. Authorized Use

The Software may only be used under the following conditions:

4.1 Device Owner Consent

Written or digital consent from the device owner must be obtained and documented prior to any scan. Verbal consent alone is insufficient.

4.2 Legal Authority

A valid court order, search warrant, or other legally sufficient authorization issued by a competent authority. Users should consult with legal counsel to ensure compliance with all applicable laws in their jurisdiction.

4.3 Personal Device Ownership

The device is owned by the individual performing the scan (personal use only).

5. Strictly Prohibited Uses

The following uses of LUMA are strictly prohibited and may constitute criminal offenses:

  • Scanning devices without proper authorization from the device owner or valid legal authority
  • Stalking, harassment, or domestic surveillance
  • Monitoring employees without proper notice and consent as required by applicable law
  • Industrial espionage or competitive intelligence gathering
  • Accessing devices of minors without parental or legal guardian authority
  • Any use that violates applicable privacy, computer crime, or data protection laws
  • Using scan results for blackmail, extortion, or coercion
  • Reverse engineering, decompiling, or disassembling the Software
  • Redistributing, sublicensing, or reselling the Software without written authorization

6. Restrictions on Use

6.1 No Reverse Engineering

Licensee shall not, and shall not permit or encourage any third party to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover or derive the source code, artificial intelligence models, algorithms, or underlying Indicators of Compromise (IOC) databases of the Software; (ii) modify, translate, or create derivative works based on the Software; or (iii) attempt to defeat, avoid, bypass, or remove any security or licensing mechanism of the Software.

6.2 Restriction on AI Training and Data Scraping

Licensee is strictly prohibited from using the Software, its outputs, forensic reports, interface, or any underlying Indicators of Compromise (IOC) data to train, fine-tune, or develop any artificial intelligence models, machine learning algorithms, LLMs (Large Language Models), or any competing threat analysis software. All generated outputs are licensed solely for the Licensee's internal security and forensic assessment purposes.

6.3 Use by Managed Service Providers (MSPs) and Contractors

If Licensee (e.g., a security contractor, investigation agency, or MSSP) utilizes the Software to provide scanning, forensic, or threat analysis services to third-party end-clients ("End-Clients"), Licensee represents, warrants, and explicitly agrees to the following:

  1. Sole Responsibility for Consent: Licensee is solely responsible for obtaining all legally required consents, authorizations, and device release forms from the End-Clients prior to running any analysis using the Software.
  2. Data Processing Agreements (DPA): Licensee shall be solely responsible for executing any required Data Processing Agreements (DPAs) directly with its End-Clients. In this relationship, Licensee acts as the "Data Processor" and TSCM Intelligence Agency Ltd. acts solely as a "Sub-Processor".
  3. Flow-Down of Disclaimers: Licensee must explicitly inform its End-Clients of the operational modes of the Software (Online vs. Offline) and must pass through all relevant disclaimers, including the "AS IS" nature of the software and the fact that results are AI-generated technical indications, not legal advice.
  4. Indemnification: Licensee agrees to fully indemnify, defend, and hold harmless TSCM Intelligence Agency Ltd. from and against any claims, lawsuits, regulatory fines, or damages brought by any End-Client or third party arising out of Licensee's failure to obtain proper consent, breach of privacy laws, or misuse of the Software.
  5. Audit Rights: TSCM Intelligence Agency Ltd. reserves the right, upon reasonable written notice, to request and receive documented proof of such End-Client consents, authorizations, and executed DPAs to verify Licensee's compliance with this section.

6.4 No Unauthorized Security Testing

Licensee shall not, under any circumstances, conduct any unauthorized security testing, vulnerability scanning, penetration testing (pen-testing), stress testing, load testing, or Denial of Service (DoS) attacks against the Software, its associated APIs, or the cloud infrastructure of TSCM Intelligence Agency Ltd. and its third-party service providers.

7. Applicable Laws - United States

7.1 Computer Fraud and Abuse Act (CFAA)

The CFAA (18 U.S.C. 1030) prohibits intentionally accessing a computer without authorization or exceeding authorized access. LUMA does not access any device without authorization; it analyzes backup data provided with device owner consent. Users must ensure proper authorization exists prior to any scan.

7.2 Electronic Communications Privacy Act (ECPA)

The ECPA (18 U.S.C. 2510-2522) prohibits the unauthorized interception of electronic communications. LUMA does not intercept live communications. It analyzes static forensic artifacts from device backups. Users must ensure their handling of extracted data complies with ECPA provisions regarding stored communications.

7.3 State Laws

Many U.S. states have their own computer crime and privacy laws. Some states require all-party consent for recording or monitoring activities. Users are responsible for understanding and complying with the laws of their jurisdiction.

8. Applicable Laws - European Union

8.1 General Data Protection Regulation (GDPR)

The GDPR imposes strict requirements on the processing of personal data of EU residents. Users must ensure they have a lawful basis for processing any personal data obtained through device scans, and must comply with data subject rights including the right to access, rectification, and erasure.

8.2 ePrivacy Directive

The ePrivacy Directive provides additional protections for electronic communications. Users must ensure their activities comply with national implementations of this directive.

8.3 National Laws

EU member states may have additional national laws governing computer forensics and surveillance detection activities. Users operating within the EU must comply with all applicable national legislation.

9. Export Controls and Sanctions Compliance

The Software, related technology, and services may be subject to export control and economic sanctions laws of the State of Israel, the United States, and the European Union. Licensee represents and warrants that it is not located in, under the control of, or a national or resident of any country or territory subject to a comprehensive embargo by the aforementioned authorities, nor is it listed on any government's restricted party list (e.g., the U.S. Treasury Department's Specially Designated Nationals List). Licensee agrees not to export, re-export, transfer, or make available the Software to any prohibited destination, entity, or person in violation of applicable export control laws.

LUMA is classified as a defensive cybersecurity tool and is not subject to the export restrictions applicable to intrusion software or offensive cyber capabilities under the Wassenaar Arrangement or U.S. Export Administration Regulations (EAR). However, Licensee remains responsible for compliance with all applicable export control laws in their jurisdiction.

10. Scan Results Disclaimer

10.1 No Guarantee of Accuracy

While LUMA employs advanced detection techniques and maintains comprehensive threat intelligence databases, no forensic tool can guarantee detection of all threats or the absence of false indications.

10.2 IOC Limitations

LUMA's Indicators of Compromise are derived from publicly available threat intelligence. New or previously unknown threats may not be detectable until IOC databases are updated.

10.3 Professional Interpretation Required

Scan results require professional forensic interpretation. Raw findings should not be treated as definitive evidence without expert analysis and corroboration.

10.4 Technical Indications Only

The Software provides technical indications only. Any legal, organizational, or personal actions taken based on scan findings are the sole responsibility of the user.

11. Intellectual Property

The Software, including all code, algorithms, detection methodologies, correlation engines, report templates, and documentation, is the exclusive property of TSCM Intelligence Agency Ltd. and is protected by Israeli and international copyright, trade secret, and intellectual property laws.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, IN BOTH ONLINE AND OFFLINE MODES, IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TSCM INTELLIGENCE AGENCY LTD. EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TSCM DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR THAT IT WILL DETECT ALL PAST, PRESENT, OR FUTURE THREATS, SPYWARE, OR MALWARE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TSCM INTELLIGENCE AGENCY LTD., ITS AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF TSCM INTELLIGENCE AGENCY LTD. ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE SOFTWARE OR APPLICABLE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

Licensee agrees to indemnify, defend, and hold harmless Licensor from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from Licensee's use or misuse of the Software, violation of applicable laws, or breach of this Agreement.

15. Termination

This Agreement is effective until terminated. Licensor may terminate this Agreement immediately if Licensee breaches any term. Upon termination, Licensee must cease all use and destroy all copies of the Software. Sections 2, 5, 6, 9, 10, 11, 12, 13, and 14 shall survive termination.

16. Governing Law and Jurisdiction

This EULA, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles. The parties irrevocably agree that the competent courts of Tel Aviv-Jaffa, Israel, shall have exclusive jurisdiction to settle any dispute or claim arising under this Agreement.

17. Third-Party and Open Source Software

The Software may contain or be provided alongside third-party software components, including open-source software (OSS). These components are licensed to the Licensee under their respective applicable OSS licenses, and not this EULA. Nothing in this EULA limits the Licensee's rights under, or grants rights that supersede, the terms of any applicable OSS license. To the maximum extent permitted by law, all OSS components are provided "AS IS" without any warranty or indemnity of any kind from TSCM Intelligence Agency Ltd.

18. Force Majeure

TSCM Intelligence Agency Ltd. shall not be liable for any failure or delay in performing its obligations, including the unavailability of Online Mode (Cloud AI Analysis), if such failure or delay is caused by events beyond its reasonable control. These events include, but are not limited to, acts of God, war, terrorism, state-sponsored cyberattacks, regional internet service provider failures, cloud infrastructure outages, severe power grid failures, or government mandates.

19. Governing Language

This Agreement was originally drafted in the English language. Even if the Software interface, reports, or this Agreement are translated into other languages for convenience, the English version shall exclusively govern, control, and prevail in the event of any discrepancy, ambiguity, or conflict.

20. Contact

TSCM Intelligence Agency Ltd.
Email: support@luma-scan.com | Web: www.luma-scan.com

BY INSTALLING OR USING LUMA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT.
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