Effective Date: November 10, 2023.
2. Services Eligibility
You are not authorized to use the Services unless all of the following are true, and by using the Services, you represent and warrant that:
If at any time you cease to meet the requirements in this Section, all authorization and access to our Services is automatically revoked, you must immediately delete your accounts on the Services, and we retain the right to remove your access to the Services without warning.
3. The Services
3.1 The Services consist of a social-networking platform that facilitates communication between users via a variety of features. Users of the Services may be presented to each other via a location-based system. The Services gives you access to an online database, through which you can get to know other registered customers through services that are either free or subject to a fee. The Services are currently only available via the Mobile Applications or the Website.
3.2 The Services contain an online database with profiles, which the registered customers of the Services fill with photos and information. The data protection information on the Services shows which data is collected in this context and how these are visible to other customers. Luxy offers the Services in various countries and enables a cross-regional search and contact.
3.3 With the Services, registered members can get in contact with other people for dating purposes, finding new friends and business networking. Business Networking and Social Circles modes are only available on the iOS version of “Luxy Pro”.
3.4 Luxy explicitly is not a marriage broker and does not owe you a marriage brokerage or initiation.
4. Term and Luxy’s Termination or Other Remedies
5. Registration to the Services
5.2 To proceed with the registration process when Luxy requires a valid phone number, you must provide consent that Luxy is allowed to send text messages (SMS) to continue the registration for the Services. It’s your responsibility to read the consent. If you do not want to register with a phone number, you should choose an alternative sign-up option.
5.3 Luxy may terminate new registrations for the Services on its Website. Any new users should download the Mobile Application to register for the Services.
5.4 After registration for the Services, you will need to complete your profile with pictures and information. Please note, that for certain Services, during the first twenty-four (24) hours, Luxy is checking if a registered profile is suitable to gain access to the extended scope of the Services. A completed registration does not have to result in access to the Services, nor does Luxy has the obligation to communicate reasons to a user for the non-acceptance for full membership to the Services.
5.5 You agree to pay Luxy any fees for the Services. As described below, certain Services may be subject to fees and certain Services may be subject to fees depending on the device upon which you access or use the Services.
5.8 Luxy Pro for iOS offers the choice to register on three different modes: Dating, Networking and Social Circles. These three modes are not connected with each other and work with separate profiles which the user has to set up and which have to be approved by the Luxy team within twenty-four (24) hours upon registration. For example, people on the Networking mode won’t see a person’s Dating mode profile and vice versa. You might not be eligible for one mode but can still be suitable for others. If the separate application for these modes has been approved by the Luxy team, you can change between them freely on “Luxy Pro”.
5.9 Luxy offers a variety of features on the Services for registered members. Luxy has the right to add new features, remove old features, and modify or change the Services at any time. You have no guarantee of having unchanged access to features on the Services (paid or unpaid) or its availability to basic members or those who purchased a premium membership.
5.11 Luxy enables the purchase of premium membership (paid) via its Mobile Applications. As a rule, a purchase is made via the Mobile Applications if you tap on the button on the “Confirm” field or a comparable field and, if necessary, enters a password or equivalent confirmation (e.g., Face ID) for the App Store or Google Play Store. Apple also uses the customer’s iTunes account for billing while Google uses the customer’s registered Google Wallet account of its Google Play Store. These transactions are governed by separate terms and conditions, and Luxy shall not be liable to you in connection with such transactions. Memberships purchased via Apple and Google have to be canceled separately in your App Store or Google Play Store settings. Luxy’s customer service may assist you with locating these settings further and can be reached via email@example.com
6. Free and Chargeable Services
6.1 Once successfully registered in accordance with Section 5 above, based on your profile information and preferences, we will provide you with daily limited suggestion list online via the Services in connection with our basic membership. The suggestion list contains recommendations in the form of complete profiles you can ‘like’ or ‘pass’. Suggestions will cover information on the type of the connection the users prefer which include new friends, nothing serious, long-term relationship or on iOS Luxy Pro Business Networking. With a basic membership to the Services, it is possible for you to match with another person and to start an unlimited conversation. The function of sending messages and reading such messages is restricted to people matched with on Luxy’s basic membership. Depending on the device you access or use the Services, Luxy’s basic membership may be free or require payment of a fee.
6.5 ALL PURCHASES AND REDEMPTIONS OF LUXY COIN ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT LUXY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED LUXY COIN ITEMS WHEN AN ACCOUNT OR MEMBERSHIP IS CLOSED OR TERMINATED, WHETHER SUCH CLOSURE OR TERMINATION WAS VOLUNTARY OR INVOLUNTARY.
7. Subscriptions and Memberships
7.1Luxy provides automatic renewal options when purchasing a premium membership of “Luxy PLUS”, “Luxy BLACK” or “Luxy PLATINUM”. This option is voluntarily. If you choose the automatic renewal option when purchasing, Luxy will renew all paid memberships on the date when the initial membership is expiring. After the first subscription period, the membership will renew for another period as stated during the checkout process. Then, the membership is going to renew automatically for every ongoing subscription period. When purchasing an auto renewal membership, you confirm that the membership will be subject to the renewal plan. If you do not want to renew the membership, or if the membership should be changed or terminated, you should contact the in-app messenger service (to customer representative avatars “Luciana”, “Amanda” or “Janie” or send an email to firstname.lastname@example.org and follow the instructions.
7.2 When you deactivate or delete your membership account, or if the account is suspended or terminated by Luxy, you acknowledge that any remaining or unused membership or “Luxy Coins” will expire, and no refunds will be issued for any remaining subscriptions or “Luxy Coins”. If you deactivate your account and will reactivate it later, you further agree that any remaining subscriptions or “Luxy Coins” at the time of the account deactivation will expire and no refunds will be issued for any remaining subscriptions or “Luxy Coins”.
For any questions regarding your subscription, membership, or a potential refund of fees, please contact email@example.com or the in-app messenger service (to customer representative avatars “Luciana”, “Amanda” or “Janie”). Note, that there is no obligation for Luxy to provide you a refund. Membership and subscription fees may be non-refundable.
7.3 We may make an exception if a refund for a subscription offer is requested within 14 days of the date of the transaction if the laws applicable in your jurisdiction provide for refunds.
As a subscriber residing in a EU or EEA country, you are entitled to a full refund within 14 days of the start of the subscription, without having to provide a reason, in accordance with local laws. Please note that purchases of virtual items are FINAL AND NON-REFUNDABLE.
7.4 For users who purchased a premium membership and have their residence in the US states of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following term applies: You may cancel your premium membership (Luxy BLACK, Luxy PLUS or Luxy PLATINUM) subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Luxy platform) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund: In addition to canceling, you must request a refund to receive one. If you purchased a premium membership via Apple’s App Store or the Google Play store refunds are handled by Apple or Google respectively, not Luxy. To request a refund from Apple, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. To request a refund from Google, go to the Google Play Store, click your profile picture or “Me”, select “Payments & subscriptions”, find the transaction and hit “Report a problem”, select the option that best describes your problem, complete the form and note that you’d like a refund, click submit.
8. Your Termination
8.1 You can cancel your basic membership via the Services at any time by clicking the “Delete Profile” button in the “Settings” / “Deactivate Account” area.
8.2 Once a purchase has been made or billing cycle has begun, Luxy cannot issue a refund for the Services. You can contact customer service or check the FAQ Help desk on how to cancel auto-renewal if you need further assistance.
8.4 If you would like to cancel your membership via the Services, it is also your obligation to cancel any auto-renewal for the Services, even if you have been banned, blocked, or suspended from the Services.
9. Functionality of the Services
9.1 Certain functions of the Services are only available via the Website or the Mobile Applications. For receiving the best-possible experience, Luxy recommends the use of the Mobile Applications.
9.3 If we provide you with updates for the Services, including updates for our Mobile Applications, we strongly recommend that you install them as soon as possible. It is your responsibility to install such updates within a reasonable time. If you fail to do so, even though we have advised you of the availability of the update and the consequences of not installing it, we will not be liable for any defects in the Services resulting from your failure to install the update. If you are unable to properly perform the installation based on the information provided to you, you are required to notify us immediately.
9.4 Subject to Luxy’s determination of the quality of your account, your profile is given either partial or full access to the Services, which is to be determined by Luxy in Luxy’s sole discretion. In particular, partial access limits your ability to get in contact with other members on the Services. If you are granted partial access to the Services, you are able to modify your profile and complete a number of tasks, which may grant you full access to the Services. Additionally, you are able to wait for our expert team to review your profile in depth to gain possible full access to the Services later after a subsequent profile review. We do not guarantee users full access to the Services upon registration or while with partial access to the Services. A selected expert team is constantly reviewing profiles to ensure the quality of our user base.
9.5 Premium users and those with full access to the Services are able to communicate with other people via messages or video chat.
9.6 Luxy might offer additional seasonal activities within or outside of the Services in its discretion.
10. Your Duties
10.1 You agree that your use of the Services shall not violate any law, regulation, or code, or otherwise harm another user of the Services. This includes, but is not limited to, crimes, fraud, escorting, prostitution, and human trafficking.
10.2 You are required to make all payments for the Services due to Luxy on time. If you are culpably in arrears with more than one successive installment, all outstanding fees up to the end of the term for the Services are due immediately.
10.3 You represent and warrant to Luxy that all information that you provide to us in connection with your access to and use of the Services will be true, accurate, and complete. Luxy reserves the right to take civil action against any customers who intentionally and / or fraudulently provide false, inaccurate, incomplete, or deceptive information.
10.4 To keep the Services safe, you are required to provide a voluntary real-time selfie via the Services with the front camera of your device to verify your profile pictures. If your profile is involved in suspicious activities, Luxy requests a verification picture in order to continue using your account, via the Services or its communication channels at any time, in particular to keep the Services secure and the user profiles real and authentic. Not providing a verification picture matching to profile photos may result in losing access to your profile or the termination of your account.
10.5 The Services are intended for private, internal, non-commercial use only. By registering, you agree not to use the Services for commercial purposes and not to use data or information made available to you via the Services for commercial, marketing, or advertising purposes. You are expressly not permitted to use any robot, scraper, or other manual or automated means to access the Services or systematically collect any data, information, or content thereon (including the data, information, or content of other users).
10.6 You agree that you shall treat any information, data, emails and other messages from other Luxy customers via the Services as confidential, and you shall not make such information, data, emails, or other messages accessible to third parties without the consent of their author. For clarity, the same applies to the names, telephone numbers, email and residential addresses, social media profiles and / or URLs or other personal data etc. of our other customers.
10.7 You agree that you shall treat the information or data shared by other customers via the Services with respect. In particular, you are forbidden to screenshot personal profiles, messages or record video chats with the intention to share it with any third party except the Luxy customer service. When using chat features on the Services, you are required to behave in a respectful and polite way.
10.9 Luxy is entitled to delete messages via the Services without asking at any time. All data in the context of a basic membership may be deleted by Luxy twenty-four (24) months after the last login by a customer. For this reason, you are solely responsible for responding to and reviewing the incoming messages and the data of your profile at regular and appropriate intervals and to archive them on your own computer or other storage media, if necessary.
11. Use of Luxy Services
https://www.onluxy.com/static/guide.html#/ , or have used the Services in a manner that Luxy regards as inappropriate, in its sole discretion. You are solely responsible for the content, information, data, and any other service that you post, share, link, publish or transmit in any other form via the Services.
You are prohibited from accessing or using the Services:
You are prohibited from breach the security or otherwise attempting to breach the security of the Services. This includes:
The following use of the Services also remains prohibited at all times:
You further undertake not to misuse the Services, in particular: Not to distribute immoral, obscene, nude, pornographic or radical political content or photos; Not to disseminate any defamatory, objectionable or otherwise illegal material or such information via the Services; Not to threaten, harass or violate any other person’s rights (including personal rights); Not to use Services in a harmful or unauthentic way, in particular using services that change your natural IP address or location or disguise your true location, in particular when using VPN services while accessing Luxy; Not to use the Services in a way that adversely affects the availability of offers for other customers; Not to intercept emails / messages; ; Not to upload photos with text, advertisements, or photos that are screenshots; Not to upload photos that are regarded sexual, explicit, harassing etc.; and Not to mention names, addresses, telephone numbers, email addresses, social media accounts or payment accounts etc. in the personal description.
You agree to never harass, annoy, intimidate, or threaten any Luxy staff or agents engaged in providing the Services. If we feel that your behavior towards any of our staff or agents is threatening or offensive, we reserve the right to immediately terminate your membership and your access to and use of the Services, and you will not be entitled to any refund of unused subscription fees or “Luxy Coins”.
12. Ownership and Right to Access and User the Services
You understand and agree that Luxy owns or has been licensed by third parties, all right, title, and interests in and to the Services and the individual content contained therein. You understand and agree that the Services are proprietary to Luxy and are protected by applicable intellectual property and other proprietary rights, laws, treaties, and that you acquire no ownership interest in the Services by accessing or using the Services.
13. Digital Millennium Copyright Act
Luxy respects the intellectual property rights of others and requests that users of our Services do the same. If you believe that any content on any of our Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated copyright agent (as set forth below) containing the following:
Copyright infringement claims and notices should be sent to:
19H MAXGRAND PLAZA 3 TAI YAU STREET SAN PO KONG KL Hong Kong
14. No Criminal Background Checks or Other Background Checks
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. LUXY’S REGISTRATION SCREENING PROCESS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICES MAY RESULT FROM USERS ENGAGING WITH THE SERVICES FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Luxy strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Services or meet in person.
LUXY PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
LUXY DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE CURRENT, RELIABLE, OR SECURE, (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, (C) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (D) THAT SERVICES OR ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, LUXY MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
LUXY ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES LUXY ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH LUXY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. LUXY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
16. Linked Websites
This Services may contain links to sites or social media platforms that are not affiliated with or under the control of Luxy (the “Linked Websites”). The inclusion of a Linked Website on our Services does not imply our endorsement of the Linked Website, and Luxy is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. If you decide to access Linked Websites, you do so at your own risk. Luxy disclaims any and all liability arising in connection with such Linked Websites and makes no representations or warranties with respect to such Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.
17. Third Party Materials
To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), Luxy disclaims any and all liability arising in connection with such Third Party Materials. Therefore, any opinions, statements, products, services, or other Third Party Materials are those of the applicable third party. Luxy does not represent or endorse the availability, accuracy, content, or reliability of any Third Party Materials, or represent or warrant that your use of any Third Party Materials will not infringe the rights of third parties not owned or affiliated with Luxy.
18. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU AS DETERMINED BY APPLICABLE LAW.
Luxy may communicate with you either via the in-app messenger system when logged in or via email (e.g., support, sending partner proposals, contract confirmation and invoices / reminders). You should not contact Luxy via telephone, fax or mail. For clear authentication and protection against misuse, your messages should contain one of the following details, so that we can assign you to your account, depending on what applies to you: E-mail address, Facebook e-mail address, Google Account e-mail address, Linked-In Account e-mail address, Apple ID e-mail address, or the phone number you used to register with the Services. Luxy sends to all of its registered users’ messages of informational and promotional content. This can be within the Services (e.g., Luxy News, customer service avatars) or to the linked e-mail address or phone number in the form of e-mails or SMS messages respectively. You may specify the types of messages you want to receive in their profile settings, including promotional messages.
21. Applicable Law
22. Arbitration; Class Action Waiver; Claim Limitation
Except where prohibited by applicable law, the following shall apply:
PRIOR TO INITIATING THE ARBITRATION, THE INITIATING PARTY WILL PROVIDE NOTICE TO THE OTHER PARTY OF ITS CLAIM, AND THE PARTIES WILL HAVE SIXTY (60) DAYS TO NEGOTIATE AND ATTEMPT TO RESOLVE THE DISPUTE, AFTER WHICH TIME UNRESOLVED CLAIMS MAY PROCEED TO ARBITRATION IN ACCORDANCE WITH THIS SECTION.
You and LUXY will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and LUXY will be responsible for 100% of the costs and fees of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).
23.1 Luxy is entitled to commission third service providers and vicarious agents to provide parts or the entire range of Services.