Terms & Conditions

DEFINITIONS

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement. These Terms and Conditions ("Terms") are a legal contract between you and LUXEBOT LLC ("Luxebot," "we," "us," or "our") governing your access to and use of our AI-powered voice automation platform (the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

1.2 Authority. If you use the Services on behalf of a company or organization (a "Business"), you represent that you have the authority to bind that Business to these Terms. In that case, "you" and "your" refer to the Business.

1.3 Rejection of Terms. If you do not agree to these Terms, you must not access or use the Services.

2. SERVICE DESCRIPTION

2.1 Overview. Luxebot is a cloud-based, AI-powered platform that enables businesses to create and deploy AI Voice Agents for tasks such as lead qualification, appointment booking, customer support, and outbound campaigns.

2.2 Core Functionality. Subject to these Terms, the Services allow you to:

• AI Voice Bots: Create and configure AI Voice Agents to handle inbound and outbound calls.
• Appointment Booking: Sync with calendars (e.g., Google, Outlook, Apple) to allow AI agents to book appointments conversationally.
• Live Call Transfer: Seamlessly transfer calls from an AI agent to a live human agent.
• Campaigns: Run batch outbound calling campaigns to contact lists.
• Integrations: Connect with Third-Party Services like GoHighLevel and Cal.com.

2.3 Your Control. You are solely responsible for configuring your AI Voice Agents, including their scripts, call flows, and integrated calendars. Luxebot executes calls based on your configurations and is not responsible for their content or effectiveness.

2.4 Service Modifications. We may update, enhance, or modify the Services at any time.

2.5 Beta Features. Features labeled "Beta" are provided "AS IS" and may be discontinued at any time.

2.6 Service Limitations.

• No Emergency Calling. THE SERVICES CANNOT BE USED FOR EMERGENCY (E.G., 911) CALLING. You must maintain alternative means for emergency communications.
• Carrier Dependencies. Call quality and completion depend on third-party carriers and networks outside our control.

3. ACCOUNT REGISTRATION

3.1 Eligibility and AI Acknowledgment.

• (a) Authority and Age. You must be at least eighteen (18) years old and have the full legal authority to bind the business entity you represent to these Terms in order to create an Account.
• (b) Acknowledgment of AI Nature. You expressly acknowledge and understand that the Services utilize artificial intelligence, a rapidly evolving technology. As such, you represent that you are sufficiently knowledgeable about the capabilities and limitations of AI.
• (c) Inherent Limitations and Assumption of Risk. You acknowledge that AI, including the technology powering the Luxebot Services, is not infallible and may sometimes produce inaccurate or erroneous outputs. This includes, but is not limited to, misunderstandings in conversation, incorrect information, or failures in call handling. You assume all risk associated with these inherent limitations.
• (d) Human Supervision. You are solely responsible for implementing appropriate human supervision, monitoring, and quality control measures for all interactions conducted by your AI Voice Agents. Luxebot disclaims any liability for losses, damages, or reputational harm resulting from the AI's performance or any mistakes it may make.

3.2 Accuracy. You agree to provide accurate, current, and complete registration information and to promptly update it to maintain its accuracy.

3.3 Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately at support@luxebot.ai of any unauthorized use of your Account.

4. SUBSCRIPTION PLANS & BILLING

4.1 Plan Tiers. We offer various subscription Plans (e.g., Basic, Pro, Elite, VIP). Features, included AI Voice Agents, and monthly talk-time minutes ("Minutes") are described on our pricing page and are incorporated into these Terms.

4.2 Monthly Minute Allowance.

• Unused Minutes do not roll over to the next Billing Cycle.
• Usage in excess of your monthly Minute allowance may be blocked or subject to overage fees, depending on your Plan.

4.3 Free Trial. We may offer a free trial. Unless you cancel before the trial ends, your Account will automatically convert to a paid subscription, and your Payment Method will be charged.

4.4 Fees and Payment.

• Subscription fees are billed in advance on a monthly Billing Cycle.
• You authorize us to charge all fees to your designated Payment Method.
• Failed payments may result in service suspension or termination.

4.5 ALL SALES FINAL – NO REFUNDS. All subscription purchases are final and non-refundable, except where required by law.

4.6 Cancellation. You may cancel your subscription at any time through your account settings. Cancellation prevents auto-renewal but does not entitle you to a refund for the current Billing Cycle.

5. ACCEPTABLE USE POLICY

This Acceptable Use Policy is part of these Terms. Violation may result in suspension or termination of your Account.

5.1 Lawful Use. You must use the Services in compliance with all applicable laws, including telemarketing and consumer protection laws like the Telephone Consumer Protection Act (TCPA).

5.2 Consents. You are solely responsible for obtaining all legally required consents from the recipients of your calls and messages.

5.3 Prohibited Conduct. You shall not use the Services to:

• Transmit unlawful, abusive, fraudulent, or harassing content.
• Impersonate any person or entity.
• Contact numbers on Do Not Call (DNC) registries without proper consent or exemption.
• Disrupt the integrity or performance of the Services.
• Use the Services for emergency calling.

5.4 Telemarketing Compliance. You are solely responsible for complying with all robocall rules, honoring opt-out requests, and scrubbing contact lists against DNC registries.

6. CUSTOMER RESPONSIBILITIES & LIABILITY

6.1 Sole Responsibility. You have exclusive control over and are solely responsible for all Customer Communications and Customer Content.

6.2 Compliance with Laws. You must use the Services in strict accordance with all applicable laws, including the TCPA, FTC rules, and FCC regulations.

6.3 No Liability for Customer Communications. Luxebot disclaims all liability arising from your Customer Content, Customer Communications, or your failure to comply with laws.

6.4 Indemnification. You agree to defend, indemnify, and hold harmless the Luxebot Parties from any third-party claims arising from your use of the Services, your Customer Content, or your violation of these Terms or any law.

7. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LUXEBOT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LUXEBOT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1 THE LUXEBOT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

8.2 THE AGGREGATE LIABILITY OF THE LUXEBOT PARTIES FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

9. INTELLECTUAL PROPERTY

9.1 Luxebot Ownership. Luxebot retains all rights, title, and interest in and to the Luxebot Technology and Luxebot Marks.

9.2 Your Content. You retain ownership of your Customer Content. By using the Services, you grant Luxebot a license to use your Customer Content solely to provide and improve the Services.

9.3 Feedback. Any feedback you provide about the Services may be used by Luxebot without restriction or obligation.

10. DATA PRIVACY

Our data collection and use practices are described in our Privacy Policy. You are responsible for ensuring that your use of the Services complies with all privacy laws, including obtaining necessary consents from individuals you contact.

11. THIRD-PARTY INTEGRATIONS

The Services may integrate with Third-Party Services like GoHighLevel and Cal.com. Your use of any Third-Party Service is subject to that third party's terms, and Luxebot is not liable for any issues arising from Third-Party Services.

12. TERMINATION

12.1 Term. These Terms remain in effect until terminated.

12.2 Termination by You. You may terminate by canceling your subscription.

12.3 Termination by Luxebot. We may suspend or terminate your Account if you breach these Terms or for non-payment.

12.4 Effect of Termination. Upon termination, your right to use the Services ceases, and all unpaid fees become due. We may delete your Customer Content after a reasonable period.

13. AFFILIATE PROGRAM TERMS

13.1 Acknowledgment of Services. By signing up for our affiliate program, you represent that you have a sufficient understanding of the Luxebot Services. You acknowledge that it is your responsibility to accurately represent the capabilities, features, and limitations of our Services in your promotions.

13.2 No Liability for Misrepresentation. Luxebot is not responsible or liable for any misunderstandings, misrepresentations, or inaccurate descriptions of the Services made by you or your representatives. You agree to indemnify Luxebot for any claims arising from your promotional activities.

13.3 Right to Suspend or Terminate. Luxebot retains the sole and absolute right to suspend your affiliate account, withhold commissions, or terminate your participation in the affiliate program at any time and for any reason, including but not limited to, if we determine that you are misrepresenting the Services or engaging in promotional practices that are harmful to our brand.

14. GOVERNING LAW; DISPUTE RESOLUTION

14.1 Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to them, the Services, or the relationship between the parties shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

14.2 Binding Arbitration; Class-Action Waiver.

• (a) Agreement to Arbitrate. Except as provided in Section 14.3, any dispute shall be resolved exclusively by final, binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, rather than in court.
• (b) Seat of Arbitration. The arbitration shall be conducted in Carteret, New Jersey.
• (c) Waiver of Jury Trial and Class Actions. YOU AND LUXEBOT LLC KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
• (d) Arbitrator's Decision. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Exception for Injunctive Relief. Nothing in this Section 14 shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened misappropriation of its intellectual property or confidential information.

14.4 Small Claims Court. Notwithstanding the above, either party may bring an individual claim in a small claims court in Carteret, New Jersey, provided the claim meets the court's jurisdictional requirements.

15. MISCELLANEOUS

15.1 Entire Agreement. These Terms, together with any referenced Order Forms, the Acceptable Use Policy, and the Privacy Policy, constitute the entire and exclusive agreement between you and Luxebot LLC concerning the Services and supersede all prior or contemporaneous understandings and agreements.

15.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be affected, and the invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

15.3 Assignment. You may not assign, delegate, or transfer these Terms, or your rights or obligations hereunder, without the prior written consent of Luxebot LLC. Any attempted assignment in violation of this section is void. Luxebot LLC may freely assign or transfer these Terms without restriction.

15.4 No Waiver. The failure of Luxebot LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.5 Force Majeure. Neither party will be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, war, terrorism, and internet or telecommunication failures.

15.6 Notices. Notices to you may be sent via email to the address associated with your Account or through the Services' notification system. Notices to Luxebot LLC must be sent in writing to: