Terms of Service

Last updated: March 15, 2025

1. Acceptance of Terms

By accessing or using TheLUX Chat's website, platform, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and TheLUX Chat, Inc. ("TheLUX Chat," "we," "our," or "us"). You represent that you have the authority to enter into these Terms personally or on behalf of the entity you represent.

2. Changes to Terms

We may modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

3. Account Registration

To access certain features of the Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Subscription and Payments

Some of our Services require payment of fees. All fees are stated in U.S. dollars unless otherwise specified.

You agree to pay all fees in accordance with the billing terms in effect at the time a fee is due. If you provide credit card information, you authorize us to charge your credit card for all fees incurred.

Subscription fees are billed in advance on a monthly or annual basis, depending on your subscription plan. Your subscription will automatically renew at the end of each billing period unless you cancel it prior to the renewal date.

5. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
  • Use the Services for any purpose that is fraudulent or unlawful
  • Collect or store personal data about other users without their consent
  • Use the Services to generate, distribute, or facilitate unsolicited commercial email or "spam"

6. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by TheLUX Chat, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality thereof. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

7. User Content

You retain all rights in, and are solely responsible for, the content you post, upload, or otherwise make available through the Services ("User Content").

By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting the Services.

You represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use your User Content
  • Your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

IN NO EVENT WILL THELUX CHAT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless TheLUX Chat, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Termination

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

13. Miscellaneous

These Terms constitute the entire agreement between you and TheLUX Chat regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and TheLUX Chat.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. We may assign our rights under these Terms without your consent.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@theluxchat.com
Address: 123 AI Boulevard, Suite 456, San Francisco, CA 94105, USA
Phone: +1 (555) 123-4567