Terms and Conditions
Terms of Service
Welcome to Luxlock!
Luxlock is a unified experience platform. Our services enable unified connectivity across
store locations so brands can easily provide premium customer service. This is our terms of
Your use of Luxlock provides its Software and Services subject to the terms and conditions
in this Terms of Service (“Terms" or “Agreement"). When we refer to our “Services" in these
Terms, we mean to include our entire platform services, which includes all of our programs,
features, functions and report formats, instructions, code, on-line help files and technical
documentation, our website, account portal, technical support, as well as any upgrades or
updates to any of these, made generally available by us, and includes any of our SDKs, APIs
or software provided to you in connection with your use of our services, and our
To be eligible to register for a Luxlock account and use Luxlock Software and Services, you
must review and accept the terms of this Agreement by clicking on the “I Accept” button or
other mechanism provided. PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS
BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND TWILIO. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON AND YOU SHOULD NOT USE LUXLOCK
SERVICES. Thank you for reviewing these Terms – we hope you enjoy shopping with Luxlock.
These terms are in relation to shopper terms and brand terms. If you have an inquiry or
questions, please contact us at email@example.com.
For the purposes of these Terms, any reference in these Terms to "Luxlock" refers to Luxlock
and all Fullstack Retail Inc. related software and services provided by, on behalf of us, or
our affiliate companies, including the following services.
Fullstack Retail Inc.
Luxlock Unified Commerce Platform
Luxlock Ecommerce Services
Luxlock Messenger, Chat
Luxlock Official Account Admin Platform
Luxlock Shopper User Platform
Luxlock Mobile Application
Luxlock Unification ID Technology
Luxlock In-store Admin Platform
Luxlock API Marketplace
If you are using Luxlock on behalf of a company, partnership, association, government or
other organization (your " Organization"), you warrant that you are authorized to do so and
that you are authorized to bind your Organization to these Terms. In such circumstances,
"you" will include your Organization.
We may translate these Terms into multiple languages, and in the event there is any
difference between the English version and any other language version of these Terms, the
English version will apply (to the extent permitted by applicable laws and regulations).
Capitalized terms used in this Agreement have the respective meanings given to them in this
Agreement, including as follows.
“Data” means any data, information or material provided or submitted by the Client, User or
Agents to the Service in the course of using the Luxlock Software and/or Service. “Data”
includes all captured Site Data, means all data collected by either the Client or Luxlock in
the course of operating the Software, Platform, and/or Services and may include information
gathered about a visitor’s interaction with the Client’s website, Client Data, interaction
content, visitor’s interaction with the Luxlock Technology, visitor interaction with Content
and other data and statistical information about visits.
“Content” means the text, audio and visual information, documents, software, interaction
dialogues, customer information, statistics, imagery, products and services contained or
made available to Client, User, and Agent in the course of using the Service.
“Intellectual Property Rights” means unpatented inventions, patent applications, patents,
design rights, workflow, copyrights, trademarks, service marks, trade names, domain name
rights, mask work rights, know-how and other trade secret rights, and all other intellectual
property rights, derivatives thereof, and forms of protection of a similar nature anywhere
in the world.
“Luxlock Technology” means all of Luxlock and Fullstack Retail’s proprietary technology
(including software, technology, hardware, products, processes, algorithms, user interfaces,
know-how, techniques, designs, inventions and other tangible or intangible technical
material or information) relating to the Software, Platform, and Service as describe
“Service Order Form” means a Service Order Form signed by Fullstack Retail Inc. and Client
that identifies the Software, Platform and Service contracted for, the applicable fees, the
billing period, the Services’ warranty specifications, any liquidated remedies, the
termination rights and other charges as agreed to between the parties, each such Service
Order Form to be incorporated into and to become a part of this Agreement.
“User(s)” mean Client’s employees, representatives, consultants, contractors or agents who
are authorized by Client to use the Service and have been supplied user identifications and
passwords by Luxlock or Client at Client’s request. This also, includes Client’s users.
Subject to the terms set forth herein, Luxlock can provide hosted advocate-customer
real-time interaction (via chat) service, or other live interaction services utilizing the
Luxlock contracted remote-based agent network (“Stylist”), for the Client programs, products
or services marketed or advertised to third party consumers (“Consumers”) as described in a
Service Order Form, that are developed, operated, and maintained by Luxlock, accessible via
any website or IP address, or ancillary online or offline products and services provided to
Client by Luxlock, to which Client is being granted access under this Agreement, including
the Luxlock Technology and the Content (the “Service”).
Vulnerability Reporting Polic.
At Fullstack Retail, trust is our #1 value and we take the protection of our customers’ and
user data very seriously. The Luxlock security team acknowledges the valuable role that
users play in internet security. As a result, we encourage responsible reporting of any
vulnerabilities that may be found in our site or applications. Please contact us at
Privacy@luxlock.com to address any potential vulnerabilities.
Fullstack Retail Inc. does not permit the following types of security research.
The following conduct is expressly prohibited:
Performing actions that may negatively affect Luxlock or its users (e.g. Spam, Brute
Force, Denial of Service, bots,…)
Accessing, or attempting to access, data or information that does not belong to you
Destroying or corrupting, or attempting to destroy or corrupt, data or information that
does not belong to you
Conducting any kind of physical or electronic attack on Luxlock personnel, property or
Social engineering any Luxlock service desk, employee or contractor
Conduct vulnerability testing of participating services using anything other than test
Violating any laws or breaching any agreements in order to discover vulnerabilities
We offer a diverse range of services and features within Luxlock, so in addition to these
Terms, there are certain additional terms and policies that may be applicable to your use of
all or part of Luxlock, as set out in this section and as otherwise notified to you from
time to time. These additional terms of service and policies all form part of and are
incorporated into these Terms.
We may make changes to these Terms over time, so please come back and review them..
In addition, as Luxlock and user experiences are constantly evolving, we may from time to
time (and to the extent permitted by applicable laws and regulations) add, change or remove
features from Luxlock (including in relation to whether a service is free of charge or not),
or suspend or terminate a service altogether.
You may need to create an account with us in order to access and use Luxlock..
Your account name, user ID and other identifiers you adopt within Luxlock remains our
property and we can disable, reclaim these once your account is terminated or deactivated
for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any passwords used
to access your account and Luxlock, and, all use of Luxlock under your account. You must
promptly notify us at by submitting a report via "firstname.lastname@example.org" if you know or
suspect that your password or account has been compromised. We will regard all use of your
account on Luxlock as being by you, except where we have received and acknowledged your
notification to us regarding your account/password being compromised.
Corporate Named User Licenses are not to be shared or transferred without appropriate
integrity of the data is protected..
We are not responsible for and we do not endorse, support or guarantee the lawfulness,
accuracy or reliability of any content submitted to, transmitted or displayed by or linked
by Luxlock, including content provided by users or agents using Luxlock or by our official
brand/retail accounts. You acknowledge and agree that by using Luxlock, you may be exposed
to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance
on or use of any content on or accessible from Luxlock by you is at your own risk. Your use
of Luxlock does not give you any rights in or to any content you may access or obtain in
connection with your use of Luxlock.
We also do not guarantee the quality, reliability or suitability of any third party services
provided, made available, advertised or linked through Luxlock and we will bear no
responsibility for your use of or relationship with any such third parties or third party
We may review sample data occasionally of content or third party services made available
through Luxlock to determine whether or not they comply with our policies, applicable laws
and regulations or are otherwise objectionable. We may remove or refuse to make available or
link to certain content or third party services if they infringe intellectual property
rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the
security or performance of Luxlock.
There may be, from time to time, third party content and services on Luxlock that are
subject to further terms – for examples, terms from the relevant third party that originally
produced or created such content or service, or terms from the relevant third party in
relation to promotional activities being held via Luxlock. You agree to comply with any such
further terms and conditions as notified to you in relation to your use of such third party
content and services.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to Fullstack Retail Inc. and any Luxlock Software or
Technologies (including any future updates, upgrades and new versions to all such Software),
will continue to belong to us and our licensors. Except as expressly provided in these
Terms, you have no right to use our intellectual property rights. In particular, you have no
right to use our trademarks or product names (for example, "Luxlock", "Digital Surf Tribe"
or "Fullstack Retail"), logos, domain names or other distinctive brand features without our
prior written consent. Any comments or suggestions you may provide regarding Luxlock are
entirely voluntary and we will be free to use these comments and suggestions at our
discretion without any payment or other obligation to you.
Where you download, Log in, integrate, and use any software from us as part of or in
relation to your use of Luxlock (any such software being the " Luxlock Software"), we grant
you a limited, personal, non-exclusive, non-sub-licensable, non-transferrable, named license
and revocable license to use the relevant Luxlock Software in accordance with these Terms
(including any specific technical requirements that relate to the Luxlock Software or its
use on your particular device and/or organizations). Please note that these license terms
may be supplemented by terms and conditions applicable to the specific Luxlock Software and
Master Services Agreement (MSA).
You may not copy, modify, reverse compile, reverse engineer or extract source codes from
Luxlock Software. Where applicable laws or regulations entitle you to reverse compile or
extract source codes from Luxlock Software, you will first contact us to request the
information you need.
We may from time to time provide updates to Luxlock Software. Such updates may occur
automatically or manually. Please note that Luxlock Software may not operate properly or at
all if upgrades or new versions are not installed. We do not guarantee that we will make any
updates available for any of Luxlock Software, or that such updates will continue to support
your device or system.
For the purposes of these Terms, "Luxlock Software" includes any items, content or features
(the "Items") within the Luxlock Software – for example, Profiles, Style ID, Recommendation
engine, Product recommender, games, media, reservations, calendar, or other downloadable
items within Luxlock, ai, ar, and any content accessed or used by you within Luxlock. You
must comply with any additional terms and conditions applicable to any such Items. We will
notify you of any such additional terms and conditions within Luxlock, within an Appendix to
these Terms and/or in another manner. We may license these Items to you upon payment by you
of "real world money" as applicable from time to time. You acknowledge that you do not own
these Items and the amounts associated with such Items do not refer to any credit balance of
real currency or the equivalent. We may eliminate these Items from Luxlock at any time, with
or without notice, and we have no liability to you in the event that we exercise these
We may in our discretion provide technical support for Luxlock (whether for free or for a
fee). See MSA and Enterprise Sales Contract..
Effective as of March 1, 2018, Fullstack Retail Inc., (“Luxlock”) and its subsidiaries,
(collectively, “Fullstack Retail Inc.” or “we” or “us” or “our”) have updated terms that
apply to the use of our Website, Platform, Software, and Technology (as herein defined). For
to www.luxlock.com as well as the other Platforms, Software, Technology and Websites that
updated by us from time to time pursuant to Section 1 herein. By accessing and using the
Platforms, you accept and agree to be bound by these Terms, Fullstack Retail Inc, Luxlock
these Terms, you should not access or use the Platforms. In addition, when accessing the
Platforms you shall be subject to any posted guidelines or rules applicable to the
Platforms, which may be posted and modified from time to time. All such guidelines or rules
are hereby incorporated by reference into these Terms.
These Terms do not apply to your access to and use of the products and services which we
market for subscription on our Platforms (our “Services”). The practices and policies,
including how we protect, collect, and use electronic data, text, messages, communications
or other materials submitted to and stored within the Services by You (“Service Data”) are
detailed in and governed by our Master Subscription Agreement, or such other applicable
agreement between you and any member of Fullstack Retail Inc. relating to your access to and
use of such Services (“Service Agreement”).
1. Changes to Terms. These Terms, or any part thereof, may be modified by us, including the
addition or removal of terms at any time, and such modifications, additions or deletions
will be effective immediately upon posting. Your use of the Platforms after such posting
shall be deemed to constitute acceptance by you of such modifications, additions or
2. Changes to Platforms. We may change or discontinue any aspect, service or feature of the
Platforms at any time, including, but not limited to, content, availability, and equipment
needed for access or use.
3. Registration. You may be given the opportunity to register via an online registration
form or by participating in Interactive Areas, such as chat, instore services and other
features, to create a user account (“Your Account”) that may allow you to receive
information from us and/or to participate in certain features on the Platforms. We will use
represent and warrant that all information that you provide on the registration form is
current, complete and accurate to the best of your knowledge. You agree to maintain and
promptly update your registration information on the Platforms so that it remains current,
complete and accurate. You are responsible for obtaining and maintaining all connectivity,
computer software, hardware and other equipment needed for access to and use of the
Platforms and all charges related to the same.
4. User Content Guidelines. The following terms apply to content submitted by you.
4.1 The Platforms may contain conversation threads, user notes, shopping preferences, or
other interactive features (“Interactive Areas”) in which you may post or upload
user-generated content, comments, video, photos, messages, other materials or items
(collectively, “User Content”). You are solely responsible for your use of any Interactive
Areas and you use them at your own risk. Interactive Areas are available for individuals
aged 13 years or older. By submitting User Content to an Interactive Area, you represent
that you are 13 years of age or older and, if you are under the age of 18, you either are an
emancipated minor or have obtained the legal consent of your parent or legal guardian to
enter into these Terms, submit content, and participate on the Platforms.
4.2 By submitting any User Content or participating in an Interactive Area within or in
connection with the Platforms, you agree that you will not upload, post or otherwise
transmit any User Content that (a) violates or infringes in any way upon the rights of
others, including any statements which may defame, harass, stalk or threaten others; (b) you
know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry,
racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or
profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia,
incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates
or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal
activities with the intent to commit them; (f) advocates violent behavior; (g) poses a
reasonable threat to personal or public safety; (h) contains violent images of killing or
physical abuse that appear to have been captured solely, or principally, for exploitative,
prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret,
right of publicity or other proprietary right without the express permission of the owner of
such copyright, trademark, trade secret, right of publicity or other proprietary right. The
burden of determining that any User Content is not protected by copyright, trademark, trade
secret, right of publicity or other proprietary right rests with you. You shall be solely
liable for any damage resulting from any infringement of copyrights, trademarks, trade
secrets, rights of publicity or other proprietary rights or any other harm resulting from
such a submission. Any person determined by Fullstack Retail Inc, in its sole discretion, to
have violated the intellectual property or other rights of others shall be barred from
submitting or posting any further material on the Platforms; (j) does not generally pertain
to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or
unauthorized advertising or promotional materials with respect to products or services,
“junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
or (l) uses the name or likeness of an identifiable natural person without such person’s
4.3 You agree not to represent or suggest, directly or indirectly, Fullstack Retail’s
endorsement of User Content.
4.4 You agree not to upload, post or otherwise transmit any User Content, software or other
materials which contain a virus or other harmful or disruptive component.
4.5 You agree not to use any service, technology or automated system to artificially inflate
the page views that your User Content receives. This includes pay-per-click services, web
“robots” and any other current or future technologies. You also agree not to direct any
third party to use these services, technologies or automated systems on your behalf.
4.6 You agree not to use any technology, service or automated system to post more User
Content than an individual could upload in a given period of time. You also agree not to
direct any third party to use these services, technologies or automated systems on your
4.7 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else
from using or enjoying the Platforms will not be permitted. We reserve the right in our sole
discretion to remove or edit User Content submitted by you.
4.8 We are not responsible for the accuracy or credibility of any User Content, and do not
take any responsibility or assume any liability for any actions you may take as a result of
reading User Content posted on the Platforms. Through your use of Interactive Areas, you may
be exposed to content that you may find offensive, objectionable, harmful, inaccurate or
deceptive. There may also be risks of dealing with underage persons, people acting under
false pretense, international trade issues and foreign nationals. By using Interactive
Areas, you assume all associated risks.
4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to
the Platforms to determine compliance with these Terms and any operating rules established
by us and to satisfy any law, regulation or authorized government request. Although we have
no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded
to the Platforms, we reserve the right, and have absolute discretion, to screen, edit,
refuse to post or remove without notice any User Content posted or uploaded to the Platforms
at any time and for any reason, and you are solely responsible for creating backup copies of
and replacing any User Content posted to the Platforms at your sole cost and expense. The
decision by Fullstack Retail Inc. to monitor and/or modify User Content does not constitute
nor shall it be deemed to constitute any responsibility or liability in any manner on our
part in connection with or arising from your use of Interactive Areas on the Platforms.
4.10 By submitting User Content to the Platforms, you automatically grant us a royalty-free,
perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish,
reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into
other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User
Content (in whole or in part) in any form, media or technology now known or hereafter
developed, without payment to you or to any third parties. Additionally, to the fullest
extent permitted under applicable law, you waive your moral rights in the User Content and
agree not to assert such rights against us. You represent and warrant to us that you have
the full legal right, power and authority to grant to us the license provided for herein,
that you own or control the complete exhibition and other rights to the User Content you
submitted for the purposes contemplated in this license and that neither the User Content
nor the exercise of the rights granted herein shall violate these Terms, or infringe upon
any rights, including the right of privacy or right of publicity, or constitute a libel or
slander against, or violate any common law or any other right of, or cause injury to, any
person or entity. You further grant to us the right, but not the obligation, to pursue at
law any person or entity that violates your or our rights in the User Content by a breach of
5. User Conduct Guidelines. The following terms apply to your conduct when accessing or
using the Platforms: (a) you agree not to interfere with or disrupt the Platforms or the
servers or networks connected to the Platforms, or disobey any requirements, procedures,
policies or regulations of networks connected to the Platforms; (b) you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion
of the Platforms, use of the Platforms, or access to the Platforms; (c) you agree not to
engage in any activity that would constitute a criminal offense or give rise to a civil
liability; (d) you agree not to impersonate any person or entity, including, but not limited
to, Fullstack Retail Inc. or any Fullstack Retail Inc’s employee, or falsely state or
otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to
interfere with any other user’s right to privacy, including by harvesting or collecting
personally-identifiable information about users of the Platforms or posting private
information about a third party.
6. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons,
user interfaces, sounds, music, videos, artwork, software and computer code (collectively,
“Content”), including but not limited to the “look and feel”, layout, design, structure,
color scheme, selection, workflow, analytics, data in the aggregate, combination and
arrangement of the Content present on the Platforms is owned by or licensed to us. Such
Content is protected by copyright, trademark, trade dress and various other intellectual
property and unfair competition laws.
Except with our express written permission or as permitted by applicable laws, you may not
copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate,
create derivative works of, re-publish or transmit the Platforms or Content (in whole or in
part) in any way or through any medium for distribution, publication or any commercial
You may display, copy and download Content from the Platforms solely for your personal and
non-commercial use provided that: (a) you do not remove any copyright or proprietary notice
from the Content; (b) such Content will not be copied or posted on any networked computer or
published in any medium; and (c) no modifications are made to such Content.
7. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE PLATFORMS IS AT YOUR SOLE RISK. FULLSTACK RETAIL
INC.,, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE
PLATFORMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORMS, NOR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PLATFORMS.
(B) THE PLATFORMS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL FULLSTACK RETAIL
INC.,, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL
INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA,
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION
OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE PLATFORMS OR ANY
ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN
SERVICE, OPERATION, OR TRANSMISSION OF THE PLATFORMS, OR ANY ALLEGED COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR
ON THE PLATFORMS. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH
ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY
OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF
FULLSTACK RETAIL INC., OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU
ALSO SPECIFICALLY ACKNOWLEDGE THAT FULLSTACK RETAIL INC., OR FUTURE PARENT OR AFFILIATED
COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF OTHER USERS OF THE PLATFORMS OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO
APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
(D) We disclaim any and all liability of any kind for any unauthorized access to or use of
your personally identifiable information. By accessing the Platforms, you acknowledge and
agree to our disclaimer of any such liability. If you do not agree, you should not access or
use the Platforms.
LIABILITY FOR LUXLOCK
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF
US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR LUXLOCK
(INCLUDING ANY LUXLOCK SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE
GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF
LUXLOCK OR LUXLOCK SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING
THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100 (ONE HUNDRED US DOLLARS).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF
OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING.
IN CONNECTION WITH THESE TERMS OR LUXLOCK OR LUXLOCK SOFTWARE, FOR ANY DAMAGES CAUSED BY:
(I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT
SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER
DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR
SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF LUXLOCK OR
LUXLOCK SOFTWARE; (VI) YOUR USE OF LUXLOCK OR LUXLOCK SOFTWARE IN BREACH OF THESE TERMS; OR
(VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY.
FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/O.
FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in these Terms limits or excludes any of the following liabilities, except to the
extent that such liabilities may be waived, limited or excluded under applicable laws and
any liability for fraud.
any liability for death or personal injury.
any liability for gross negligence or willful misconduct; o.
any other liability to the extent that such liability cannot be waived, limited or excluded
under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR
EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER
APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR
WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANIZATION, IF YOU ARE USING LUXLOCK OR LUXLOCK SOFTWARE ON
BEHALF OF SUCH ORGANIZATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY
CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS
AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF LUXLOCK OR LUXLOCK
SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS.
NO LIABILITY FOR THIRD PARTIE.
As set out in the "Third Party Content and Services" and "Third Party Software" sections of
these Terms, various third parties may provide certain content, services or software within
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD
PARTIES, INCLUDING THOSE FOUND THROUGH LUXLOCK, ARE SOLELY BETWEEN YOU AND THE RELEVANT
THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE
COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT,
SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN LUXLOCK.
8. Indemnification. You agree to defend, indemnify and hold harmless Fullstack Retail Inc.,,
its affiliates and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys’ fees, arising out of the use of the
Platforms by you. Fullstack Retail Inc., reserves the right to take over the exclusive
defense of any claim for which we are entitled to indemnification under this section. In
such event, you shall provide Fullstack Retail Inc., with such cooperation as is reasonably
requested by Fullstack Retail Inc.,.
9. Termination. We may terminate or suspend these Terms at any time without notice to you.
Without limiting the foregoing, we shall have the right to immediately terminate your access
to the Platforms in the event of any conduct by you which we, in our sole discretion,
consider to be unacceptable, or in the event of any breach by you of these Terms. The
provisions of Sections 2, and 5-12 shall survive termination of these Terms.
These Terms will apply to your use of Luxlock until your access to Luxlock is terminated by
either you or us. We may suspend or terminate your access to your account or any or all of
Luxlock: (i) if we reasonably believe that you have breached these Terms; (ii) if your use
of Luxlock creates risk for us or for other users of Luxlock, gives rise to a threat of
potential third party claims against us or is potentially damaging to our reputation; (iii)
if you are reported for abuse of software, communication, profanity, lude or inappropriate
behavior; or (iv) for any other reason in our sole and absolute discretion. Where reasonably
practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Luxlock (in whole or in part), you will immediately
permanently delete all copies of Luxlock Software to which the termination relates and you
will immediately cease accessing and using any such Luxlock Software.
USE OF YOUR DEVICE BY LUXLOC.
In order for us to provide Luxlock to you, we may require access to and/or use of your
relevant device (e.g. mobile phone, tablet, laptop, or desktop computer) that you use to
access Luxlock – for example, we may need to use your device's processor and storage to
complete the relevant Luxlock Software installation, or we may need to access your contact
list to provide certain interactive functions within Luxlock. You agree to give us such
access to and use of your device.
We will provide further information regarding how Luxlock uses and accesses your device
within Luxlock or in another manner (e.g. via the relevant app store as part of the
installation process for Luxlock on your device). You understand that if you do not provide
us with such right of use or access, we may not be able to provide Luxlock to you.
within your device will be treated in accordance with these Terms, including our Luxlock
You may need an adequate internet connection in order to authentic your Luxlock account or
use Luxlock. You may also be required to activate certain functionalities within Luxlock in
the manner described within Luxlock. You may not be able to use certain functionalities
within Luxlock if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any
charges from your internet and telecommunication services providers) in relation to or
arising from your use of Luxlock or Luxlock Software.
10. Governing Law. The content, data, video, and all other material and features on the
Platforms are presented for the purpose of providing entertainment, news and/or information
and/or promoting programs, films, music, games, and other products and/or services that are
or may become available in the United States, its territories, possessions, and
Any and all disputes, claims and controversies arising out of or in connection with your
access to, and/or use of the Platforms, and/or the provision of content, services, and/or
technology on or through the Platforms shall be governed by and construed exclusively in
accordance with the laws and decisions of the State of California applicable to contracts
made, entered into and performed entirely therein, without giving effect to its conflict of
Please report any violations of these Terms to our Privacy and Legal department
11. Copyrights and Copyright Agent. We respect others’ intellectual property rights, and
expect our users and customers to do the same. If you believe that your work has been copied
on the Platforms in a way that constitutes copyright infringement, please contact our
Privacy Department at email@example.com. We reserve the right to terminate access to the
Platforms for users or customers who post material that infringes the intellectual property
rights of others.
12. Miscellaneous. These Terms and any operating rules for the Platforms established by us
constitute the entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties with respect to
such subject matter. The provisions of these Terms are for the benefit of Fullstack Retail
Inc.,, its affiliates and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own behalf. No
waiver by either party of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. If any part of these Terms is found by a
court of competent jurisdiction to be invalid or unenforceable, it will be replaced with
language reflecting the original purpose in a valid and enforceable manner. The enforceable
sections of these Terms will remain binding upon the parties. The section headings used
herein are for convenience only and shall not be given any legal import.
Non-English translations of this Policy are provided for convenience only. In the event of
any ambiguity or conflict between translations, the English version is authoritative and
These Terms are the entire agreement between you and us in relation to Luxlock. You agree
that you will have no claim against us for any statement which is not explicitly set out in
these Terms. The words "include" and "including" are to be construed without limitation. The
invalidity of any provision of these Terms (or parts of any provision) will not affect the
validity or enforceability of any other provision (or the remaining parts of that
provision). If a court holds that we cannot enforce any part of these Terms as drafted, we
may replace those terms with similar terms to the extent enforceable under applicable laws
and regulations, without changing the remaining terms of these Terms. No delay in enforcing
any provision of these Terms will be construed to be a waiver of any rights under that
provision. Any rights and obligations under these Terms which by their nature should
survive, including any obligations in relation to the liability of, or indemnities (if any)
given by, the respective parties, will remain in effect after termination or expiration of
No person other than you and us will have any right to enforce these Terms against any
person, and you may not delegate, assign or transfer these Terms or any rights or
obligations under these Terms without our prior consent. We may freely assign, transfer or
sub-contract these Terms or our rights and obligations under these Terms, in whole or in
part, without your prior consent or prior notice to you.
LUXLOCK TERMS OF SERVICE (USA-SPECIFIC TERMS.
If you are a user of Luxlock in the United States of America, the below terms are
incorporated into these Terms, and override these Terms to the extent of any
If you are a California resident, you agree to waive California Civil Code Section 1542, and
any similar provision in any other jurisdiction (if you are a resident of such other
jurisdiction), which states: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which,
if known by him must have materially affected his settlement with the debtor..
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE
TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
LUXLOCK TERMS OF SERVICE (AUSTRALIA-SPECIFIC TERMS.
If you are a user of Luxlock in Australia, the below terms are incorporated into these
Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and
conditions relating to these Terms or their subject matter, not contained in these Terms,
are excluded from these Terms to the maximum extent permitted by applicable laws and
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or
condition, right or remedy implied or imposed by any applicable laws and regulations which
cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable laws
and regulations and cannot be excluded (a " Non-Excludable Provision "), and we are able to
limit your remedy for a breach of the Non-Excludable Provision, then our liability for
breach of the Non-Excludable Provision is limited to one or more of the following at our
option: in the case of services, the supplying of the services again.
General Data Protection Regulation (GDPR) 10.
On May 25, 2018, a new landmark privacy law called the General Data Protection Regulation
(GDPR) takes effect in the European Union (EU). The GDPR expands the privacy rights of EU
individuals and places new obligations on all organizations that market, track, or handle EU
personal data. How will this affect your company.
The GDPR is a new comprehensive data protection law (in effect May 25, 2018) in the EU that
strengthens the protection of personal data in light of rapid technological developments,
increased globalization, and more complex international flows of personal data. It updates
and replaces the patchwork of national data protection laws currently in place with a single
set of rules, directly enforceable in each EU member state.
These Terms were last updated on March 1, 2018.