TERMS OF SERVICE
Languages for our app, Languages for Lux App
- Contractual Relationship
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Lux Technologies, LLC. These Terms govern your use of all services (collectively, the “Services,” as defined in Section 2 made available in the United States by Lux Technologies, LLC and its representatives, affiliates, officers, and managers (collectively, “Lux” or “us”).
PLEASE READ THESE TERMS CAREFULLY.
By using or accessing the Services provided by Lux, you expressly acknowledge that you understand and agree to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements between you and Lux. Lux may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES PROVIDED BY LUX.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION VIII CAREFULLY.
IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LUX THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Lux may amend the Terms from time to time. Amendments will be effective upon Lux’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the amended Terms. Unless material changes are made to the arbitration provisions, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
- Provision and Use of Services
The Lux Services provide a subscription-based platform for persons who seek high-end transportation to certain destinations (“Riders”) and professional drivers willing to provide such transportation (“Drivers”).Collectively, Drivers and Riders are referred to as “Users.”
Drivers can bid on or make offers to riders who make a trip request. The driver with the best offer will get the job.
Additionally, Drivers set their own competitive rates based on current market prices.
The transportation to a destination shall be referred to as the “Ride.” As a User, you authorize Lux to match you with a Rider or Driver based on factors including, but not limited to, your location, estimated time to destination, number of miles to the destination, Driver availability, Rider demand, and number of passengers indicated. Users may choose to accept or reject such matches at their own discretion. Lux also reserves the right to cancel an existing match and rematch based on the same considerations.
Lux Services may only be used by individuals who can form legally binding contracts under the law. The Services shall not be used by persons under the age of 18 years old or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and have the right, authority, and capacity to enter into and abide by these Terms.
Riders are required to request transportation from Drivers prior to their scheduled Ride. The required advance notice will be determined by factors including, but not limited to, the time and distance to reach the destination and the length of time you plan to remain at your destination. You agree that if you do not provide the appropriate advance notice set forth below, your Ride may not be scheduled as requested or may be subject to an additional short-notice surcharge (set forth in Section III below).
Riders must state whether they’d want a pet friendly driver.
In compliance with local statutory laws, Lux app automatically shuts down if any driver has been logged on for more than 12 hours.
We provide 3 rider packages namely;
- Lux Black
- Lux Platinum
- Lux Diamond
- Lux Black (Best for students or business professionals)
-pick your driver
-unlock Mercedes-Benz, Cadillac Escalade or similar ( Sedan or SUV)
- Lux Platinum (For larger groups)
-pick your driver
-unlock Audi, Range Rover, SUV only, or Party Bus, Multi-Passenger sprinter van or similar
- Lux Diamond (Limited Mileage, up to 400 mi per month, and/or $4.10 per mile if miles accrued exceed package limit)
-pick your driver
-unlock Bentley, Rolls Royce, May Bach or similar
All vehicles are subject to driver and vehicle availability, driver partners and riders are solely responsible for any damage on luxury vehicles
Lux Platinum and Diamond packages
-Unlock private jet bookings
-Seat reservation at five star restaurants
-Gourmet Food/Liquor delivery
Member subscription to packages
Member subscription fee- $99 monthly
When we add Bentley, May Bach, Rolls Royce, Yacht rentals, and private jet bookings the price will increase to $199 per month.
Members are granted exclusive access to higher tier services such as, but not limited to, custom amenities per reservation, exotic cars, party bus, private jet services, five -star restaurant seat reservations, Lux rentals, and any member exclusive reward(s).
Riders who wish to cancel a scheduled Ride must do so with advance notice to the Driver. The advance notice required will be determined based upon factors including, but not limited to, the time and distance to the destination and your duration at that destination. You agree that if you cancel a Ride later than the specified time and date, you will be subject to a Cancellation Fee set forth in Section III.
Drivers shall not cancel a Ride without obtaining prior approval from Lux and allowing Lux reasonable time to notify the Rider and to find a replacement Driver.
Should Lux be unable to secure another Driver, the canceling Driver, may be subject to certain penalties. Repeated cancellation may result in termination of your Driver User account and ability to access the Services.
User Requirements and Conduct
You agree to comply with all applicable laws when using the Services provided by Lux. You may only use the Services for lawful, non-commercial purposes. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
User Code of Conduct
With respect to your use of the Services provided by Lux, you agree that you will not:
- impersonate any person or entity;
- Stalk, threaten, harass, harm, or engage in any violent act against any person;
- inappropriately touch or engage in sexual contact, including consensual sexual contact with other Users;
- carry any weapons, including but not limited to firearms;
- cause nuisance, annoyance, inconvenience, or property damage too any party; · violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Lux Services;
- Interact with other Users in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Lux Services in any way that infringes any third party’s rights;
- rent, lease, lend, sell, redistribute, license or sub-license Lux Services or access to any portion of the Lux Services;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation social affiliations; or
- Cause any third party to engage in the restricted activities above.
- Payments and Fees
Payments from Riders
Lux uses a subscription-based payment method and offers Services that vary in terms of monthly subscription fee, number of miles one is allowed to travel per month and access to Drivers (individually, a “Package” or, collectively, “Packages”). You understand that the number of miles you may travel per month will be set forth in the Package you select. Should you exceed the allotted miles per month, you shall be charged an additional amount per mile. Lux reserves the right to change the price or number of miles per Package, which will take effect on the first day of the following month. Your continued use of the Services confirms your consent to changes in the Packages.
You understand that use of the Services will result in regular charges to the payment method you provide to Lux for the Services you receive (“Payment”). If your Payment method is expired, invalid or otherwise not able to be charged, you agree that Lux may use a secondary method, if available. You understand that failure to make a Payment or otherwise maintain a current method of Payment may result in temporary or permanent suspension of your User account. Payments are final and non-refundable, unless otherwise determined by Lux. As between you and Lux, Lux reserves the right to establish, remove and/or revise Payments for any or all Services obtained at any time in Lux’s sole discretion.
All charges are facilitated through a third-party payment processing service (e.g., Venmo, CashApp, Stripe, Inc., or Braintree, PayPal, Inc.). Lux may replace its third-party payment processing services without notice to you. With the exception of tips, all payments must be made directly to Lux and not to Drivers. Your Payment to Lux satisfies your payment obligation for your use of Lux Services.
Fees and Other Charges
Cancellation Fee: You may be subject to a Cancellation Fee if the Ride is not cancelled according to these Terms. Drivers also may be subject to a Cancellation Fee for cancelling a Ride without following the procedures in Section II.
Damage Fee: If a Driver reports that you have damaged the Driver’s vehicle, you agree to pay a Damage Fee depending on the extent of the damage (as determined by Lux in its sole discretion), towards vehicle repair or cleaning. Lux reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Tips: Riders are free to tip Drivers. Lux does not take any portion of such tips.
- Communications Between You and Lux
Communications are vital to the Service, as such Users agree to receive communications from Lux, including via e-mail, text message, calls. Standard text messaging charges applied by your cell phone carrier may apply to text messages we send.
- Driver Representations, Warranties, and Agreements
As a Driver for Lux, you represent, warrant, and agree that:
- You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
- You will comply with all laws including but not limited to traffic laws and laws pertaining to cell phone usage and texting, while transporting a Rider.
- You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while transporting a Rider or drive while under the influence of alcohol or other substances, or take action that harms or threatens to harm the safety of the Rider or third parties.
- You agree that during your time as a Driver for Lux, you will not use any illegal drugs or other substances, whether legal or illegal, that may impair your ability to safely operate a motor-vehicle.
- You agree to be subject to random drug testing at Lux’s discretion. Failure to submit to or pass a drug test may result in immediate termination.
- You will only provide Services using the vehicle that has been approved by Lux. You will not transport more passengers than your vehicle has seat belts (and no more than seven (7) passengers in any instance).
- You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in these Terms), demand that a rider pay in cash, use a credit card reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under these Terms.
- You will not attempt to defraud Lux or Riders in connection with your provision of Services. If Lux suspects that you have engaged in fraudulent activity, we may withhold applicable fares or other amounts due for the ride(s) in question and terminate you as a Driver.
- You will make reasonable accommodation for Riders and/or for service animals, as required by law.
- You agree that Lux may obtain background information about you, including but not limited to driving records, work history, criminal background checks, and checking sex offender registries. You agree to provide any further necessary authorizations to facilitate our access to such records during the time you are a Driver for Lux.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- Disclaimers; Indemnification; Limitation of Liability
The following disclaimers are made on behalf of Lux, Lux affiliates, successors and assigns, and each of our respective officers, directors, employees, agents, and members.
Lux does not provide transportation services, and Lux is not a transportation carrier. Lux is not a common carrier or public carrier. It is up to the Driver to decide whether or not to accept a Rider based on their subscription needs. It is likewise, up to a Rider, and to decide whether or not a particular Driver is suitable for their particluar transportation needs. . We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. Lux does not guarantee and does not promise any specific results from use of the Services. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of Lux or the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Lux Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use the Services by persons under the age of 18 in violation of these Terms. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Lux is not responsible for the conduct of any User of the Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using Lux and participating in the Services, you agree to accept such risks and agree that Lux is not responsible for the acts or omissions of Users while participating in the Services.
Lux advises you to use the Services with a data plan with unlimited or very high data usage limits, and Lux is not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Services.
As a Driver, you may include choose to use a number of navigation services to help you reach the destination. Lux is not responsible for any data collected by these third party navigation services.
You will defend, and indemnify Lux, including Lux’s affiliates, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Lux Services, including: (1) your breach of these Terms or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Lux mobile application, website, or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
Lux shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Lux, even if Lux has been advised of the possibility of such damages.
Lux shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Lux has been advised of the possibility of such damages. Lux shall not be liable for delay or failure in performance resulting from causes beyond Lux’s reasonable control. You acknowledge that third party providers providing transportation services may not be professionally licensed or permitted.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Lux’s liability shall be limited to the extent permitted by law. This provision shall have no effect on Lux’s choice of law provision set forth in Section VII below.
- Other Provisions
Choice of Law
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement below or in supplemental terms applicable to your region. The choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to people not from Massachusetts to assert claims under Massachusetts law whether by statute, common law, or otherwise. These provisions, and except as otherwise provided by these Terms, are only intended to specify the use of Massachusetts law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Massachusetts law to you if you do not otherwise reside in Massachusetts. The choice of law and forum selection provisions does not apply to the arbitration clause in Section VIII or to any dispute that can be arbitrated as defined therein. Instead, as described in Section VIII, the Federal Arbitration Act shall apply to any such disputes.
You may not assign these Terms without Lux’s prior written approval. Lux may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Lux’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Lux as a result of these Terms or use of the Services. 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 to the fullest extent under law. Lux’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lux in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
- Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Lux on an individual basis in arbitration, as set forth in this section (“Arbitration Agreement”). This Arbitration Agreement precludes you from bringing any class, collective, or representative action against Lux, and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Lux by someone else.
Agreement to Binding Arbitration between You and Lux
You and Lux agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Lux, and not in a court of law.
You acknowledge and agree that you and Lux are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Lux otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Lux each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
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