Terms and Conditions of Service
The Lux Agency
Effective Date: June 18, 2025
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1. PARTIES AND DEFINITIONS
This Software as a Service (SaaS) Agreement ("Agreement") is entered into by and between The Lux Agency ("Company," "we," "us," or "our"), a business operating under the laws of the State of California, United States, and the individual or entity subscribing to our services ("Customer," "you," or "your").
1.1 Definitions
"Service" means The Lux Agency's proprietary SaaS platform inclusive of marketing automation, analytics, CRM, and design tools powered by Go High Level.
"Platform" means all digital infrastructure, interfaces, features, tools, and integrated technologies used to provide our services.
"User Content" refers to all information, materials, data, or files uploaded or submitted by the Customer for processing.
"Subscription" refers to the paid plan or tier selected by the Customer at the time of registration or subsequently updated.
2. SERVICE DESCRIPTION
2.1 Platform Services
The Lux Agency offers a comprehensive suite of business development tools via our Platform, including but not limited to:
· Marketing automation workflows
· AI-enhanced communication tools (SMS, voice, email)
· CRM with client management features
· Custom funnel and website builders
· Review and reputation management tools
· Booking, scheduling, and payment automation tools
2.2 Service Availability
We endeavor to provide continuous uptime and access to the Platform, however, temporary outages may occur for scheduled maintenance, technical issues, or force majeure events beyond our control. No service-level guarantees are provided.
2.3 Platform Updates
The Company reserves the right to modify, improve, or remove any part of the Platform at its sole discretion. Updates will typically occur to improve functionality, comply with applicable regulations, or resolve technical vulnerabilities.
3. SUBSCRIPTION PLANS AND PRICING
3.1 Available Plans
· Standard Plan: $99/month + $50 setup fee
· Pro Plan: $327/month + $200 setup fee
· Premium Plan: $497/month + 300 setup fee
· Managed Plan: Custom pricing and setup fees provided in writing based on individual business needs
Pricing for all plans is subject to change at the Company’s sole discretion. Customers will receive notice of any such changes in advance. Customers may upgrade to higher-tier plans or request access to unlimited usage features at any time for an additional cost. 30 days written notice will be provided for pricing changes, except for pay-per-use rates which may fluctuate based on third-party provider costs.
3.2 Free Trial
· Free trial terms are either 14 or 30 days, depending on the option selected at signup.
· A valid credit card is required upon registration to initiate the trial period.
· No charges will be applied during the trial period unless the Customer opts to upgrade before it ends.
· Upon expiration of the trial period, the selected subscription plan will commence automatically and billing will begin.
· If the Customer wishes to avoid charges, the trial must be canceled prior to the expiration date.
· Free trials are limited to one per legal entity or individual user and cannot be reused or extended.
3.3 Pay-Per-Use Services – Starting at:
· SMS & MMS: Approximately $0.0079 per message segment
· Voice calls: $0.0085 to $0.014 per minute depending on region and volume
· Email (LC-Email): $0.675 per 1,000 emails sent
· AI features: $0.09 per 1,000 generated words or $0.03 per execution
Customers on the Managed Plan may access unlimited AI usage without incurring additional per-use charges. The above pricing can change at anytime.
3.4 Billing and Payment
· All subscription fees are billed monthly in advance.
· Pay-per-use charges are billed monthly in arrears.
· Setup fees are assessed once and are non-refundable.
· Invoices are due immediately upon receipt, and Customers agree to maintain an active payment method on file.
· Recurring billing will continue until the Customer cancels their subscription in accordance with Section 4.
4. CANCELLATION AND REFUND POLICY
4.1 Customer-Initiated Cancellation
Customers may cancel their subscription at any time through the account dashboard or by submitting a written cancellation request. The subscription remains active until the end of the current billing cycle. No prorated refunds are provided. All setup fees are non-refundable and represent compensation for onboarding, training, and system configuration.
4.2 Data Retention and Deletion
Upon cancellation or termination, Customer data will be retained for a grace period of 30 calendar days. After this period, all data including but not limited to user content, automation workflows, contact lists, and campaign analytics will be permanently deleted. It is the Customer’s responsibility to export any necessary data prior to deletion.
5. PAYMENT TERMS AND COLLECTIONS
5.1 Grace Period for Payment
All invoices are due upon issuance. A 3-day grace period may be applied for late payments at the Company’s discretion. Failure to pay after the grace period may result in service suspension without further notice.
5.2 Collections and Recovery
Delinquent accounts may be referred to collections. The Customer shall remain liable for any unpaid amounts as well as all costs of collection, including reasonable attorney’s fees and third-party collection agency fees. Services will not be reinstated until all outstanding balances are paid in full.
6. CUSTOMER RESPONSIBILITIES
6.1 Account Access and Security
Customers are responsible for maintaining the confidentiality of account credentials. The Company disclaims all responsibility for unauthorized access caused by weak passwords or shared credentials. Additional users must be added as authorized team members via officially licensed user seats.
6.2 Acceptable Use and Restrictions
The Platform must not be used to engage in any unlawful, harmful, fraudulent, or abusive activities. Prohibited uses include but are not limited to: spamming, unauthorized access to other networks, violating intellectual property rights, and transmitting offensive or harmful content.
6.3 Legal Compliance
Customers agree to comply with all local, state, federal, and international laws including but not limited to data privacy laws (e.g., CCPA, GDPR), communications laws (e.g., TCPA, CAN-SPAM), and industry-specific regulations governing their use of the Platform. This includes, but is not limited to, compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and the California Consumer Privacy Act (CCPA).
7. ADVANCED A2P COMPLIANCE TERMS
· Prior express written consent must be obtained before sending any SMS, MMS, or email communication.
· Each message must include a clear opt-out option such as 'Reply STOP to unsubscribe'.
· Use of purchased or third-party contact lists without consent is strictly prohibited.
· All A2P campaigns must be registered with appropriate telecom providers and include declared use cases.
· Customer is responsible for message volume, frequency, and ensuring message content complies with carrier and federal restrictions.
· Records of opt-ins and message logs must be retained for a minimum of 12 months.
· Violation of these policies may result in blocked messages, financial penalties, account suspension, or termination.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Platform Ownership
All intellectual property in and to the Platform, including underlying software, structure, interface, and documentation, is the sole property of Go High Level and its licensors. Customer receives a limited, revocable, non-transferable license for internal business use only.
8.2 Customer Content
Customer retains ownership over all content uploaded or created, provided they have lawful rights. By using the Platform, you grant us a royalty-free, non-exclusive license to use your content as required for system functionality, delivery, optimization, or analytics.
9. DATA PRIVACY AND PROCESSING
The Lux Agency is committed to maintaining the security and confidentiality of Customer data. We do not sell or trade personal data. We utilize sub processors such as Twilio or SendGrid only for service delivery. All data is managed in compliance with CCPA, GDPR, and other applicable laws.
10. TERMINATION
Accounts may be terminated immediately upon material breach, non-payment, or use of the system in violation of law or these Terms. Upon termination, access to the Platform will be revoked and data will be purged after 30 days. No termination fees apply.
11. LIMITATION OF LIABILITY
· The Platform is provided 'as is' without warranties of any kind.
· We disclaim all liability for indirect, incidental, consequential, or special damages.
· Our total liability for all claims shall not exceed the total subscription fees paid in the 12 months prior to the claim.
· These limitations do not apply in cases of willful misconduct or gross negligence.
12. GOVERNING LAW AND DISPUTE RESOLUTION
Before initiating legal proceedings, Customer must first attempt resolution by contacting The Lux Agency directly. This Agreement is governed by the laws of the State of California. You consent to personal jurisdiction and exclusive venue in California courts. Class action lawsuits and jury trials are waived.
13. MISCELLANEOUS
· This document constitutes the entire agreement between parties.
· We may modify terms at any time with reasonable notice via email or platform notice.
· If any part is unenforceable, the remainder remains in effect.
· Customer may not assign rights or duties without prior written consent.
· Notices shall be delivered to your registered email address.
14. CONTACT INFORMATION
For questions regarding these Terms, please contact us at:
The Lux Agency
Email: [email protected]
By accessing or subscribing to The Lux Agency’s services, you affirm that you have read, understood, and agreed to be bound by these Terms and Conditions.