Terms of Service
Last updated: October 17, 2025
1. ACCEPTANCE OF TERMS
By downloading, installing, accessing, or using the LuxRise mobile application (the "App"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease using the App and uninstall it from your device.
CONTINUED USE OF THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS. By using the App after we post any changes to these Terms, you accept and agree to the modified Terms.
These Terms constitute a legally binding agreement between you and Luxrising LLP ("we," "us," or "our"). If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
MINIMUM AGE REQUIREMENT: You must be at least 18 years of age to use this App. By using the App, you represent and warrant that you are 18 years of age or older.
2. DESCRIPTION OF SERVICE
LuxRise is a free sleep and alarm application that integrates with third-party music streaming platforms (Spotify, Apple Music, YouTube/YouTube Music) to provide music-based alarm and sleep tracking functionality.
Key Features Include:
- Sleep cycle calculation based on sleep start time and alarm settings
- Music-integrated alarm functionality via third-party streaming platforms
- Sleep and wake time tracking
- Music preference management
- Optional app usage monitoring to encourage healthy sleep habits
- Social sharing capabilities
- In-app and store review functionality
SERVICE NATURE: The App is provided completely free of charge with no advertisements and no subscription fees. The App is continuously under development, and features may be added, modified, removed, or discontinued at any time without notice.
No Guarantee of Results:
We make no guarantees, representations, or warranties about the effectiveness, performance, or results you may achieve from using the App. Individual results may vary significantly. Any testimonials, case studies, or examples of results (whether on our website, in marketing materials, or elsewhere) are not typical and do not guarantee that you will achieve similar results. Your experience with the App depends on many factors including your device, usage patterns, and circumstances beyond our control.
3. BETA AND EXPERIMENTAL FEATURES
IMPORTANT: While the App may be publicly available through the iOS App Store and Google Play Store, you acknowledge and agree that:
- The App is in continuous development and may contain bugs, errors, or incomplete features
- Individual features within the App may be experimental, beta, or in early access stages, even if not explicitly labeled as such
- THE ENTIRE APP SHOULD BE CONSIDERED A BETA PRODUCT regardless of version number or app store availability
- We reserve the right to modify, remove, or discontinue any feature at any time without notice
- The App and all features are provided "AS IS" without any warranties of performance, reliability, or fitness for any particular purpose
- Features may be added or removed based on our sole discretion, user feedback, technical feasibility, or business decisions
- We may introduce breaking changes, incompatibilities, or complete redesigns at any time
Future Features and Changes:
We may introduce new features in the future, including but not limited to:
- Biometric data collection and processing
- Artificial intelligence or machine learning features
- Health data integration (Apple Health, HealthKit, Google Fit)
- Paid subscription tiers or in-app purchases
- Additional third-party integrations
- Community features or social networking capabilities
Any such features will be subject to these Terms (as may be updated) and any additional terms specific to those features.
By using the App, you accept all risks associated with using software that is under continuous development.
4. USER ACCOUNTS AND REGISTRATION
Account Creation: Users may create accounts in the following ways:
- Direct registration with email and password
- Authentication through third-party streaming service credentials (Spotify, Apple Music, YouTube/YouTube Music)
Minors:
This App is intended for users 18 years of age or older. If you are under 18, you may not use the App. By using the App, you represent and warrant that you are at least 18 years old.
We do not knowingly collect personal information from minors under 18. If we discover that a minor has provided us with personal information, we will delete it. If you believe a minor has provided us with information, please contact us at support@luxrise.io.
Parents and guardians are responsible for monitoring their children's use of devices and preventing access to age-restricted applications.
Account Security: You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Ensuring you meet the minimum age requirement of 18 years
Security Breaches:
While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge and agree that:
- Your account may be subject to unauthorized access or security breaches
- We are not liable for any unauthorized access to your account or data
- You are responsible for securing your own device and credentials
- In the event of a security breach at our cloud provider or third-party services, we are not liable for any resulting damages or data loss
- You should use strong, unique passwords and enable any available security features
If you suspect unauthorized access to your account, you must immediately change your password and notify us at support@luxrise.io.
Account Deletion: You may delete your account and associated data at any time through the App settings. Upon account deletion, we will remove your data in accordance with Section 6 (Data Handling and Retention).
5. FREE SERVICE - NO WARRANTIES
NO COST: The App is provided completely free of charge. There are no fees, subscriptions, advertisements, or in-app purchases.
AS-IS SERVICE: Because the App is provided free of charge, it is provided "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." We make no representations or warranties of any kind, express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the App will be uninterrupted, error-free, or secure
- Warranties that any defects will be corrected
- Warranties regarding the accuracy, reliability, or completeness of any information provided by the App
YOU ASSUME ALL RISKS associated with using the App, including but not limited to risks of data loss, device malfunction, failure to wake up, oversleeping, or any other consequences of App use or malfunction.
VOLUNTARY USE AND ASSUMPTION OF RISK:
You acknowledge and agree that:
- Your use of the App is entirely voluntary
- You have been warned of the risks associated with the App
- You understand that the App may not function as expected or desired
- You voluntarily assume all risks, known and unknown, associated with using the App
- You waive any claims against us for damages arising from the App's use, performance, or malfunction
This assumption of risk applies even if we are negligent or if the App's failure results from our actions or inactions.
6. DATA HANDLING AND RETENTION
Data Collection: We may collect the following types of data:
- User email address
- Sleep times and wake-up times
- Music preferences and streaming platform connection data
- Location data (optional)
- App usage data, including monitoring of other app usage during designated sleep times
- Account authentication information from third-party streaming services
Data Storage:
- User data is stored using third-party cloud database services
- Cloud providers and database services may change at any time without notice
- We are not liable for any data loss, corruption, or unauthorized access resulting from cloud provider failures, changes, or security breaches
Data Retention:
- User data is retained for as long as legally permissible or until you delete your account
- Upon account deletion, we will make reasonable efforts to remove your data from our systems
- Data deletion may not be immediate and may take time to propagate across all systems
- We are not liable for any bugs, errors, or failures in the data deletion process
- Upon written request to support@luxrise.io, we may manually investigate and remove data, but we make no guarantees regarding complete data removal
Data Usage Rights: By using the App, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, store, process, analyze, and improve upon your data and content for the purposes of:
- Improving the App and developing new features
- Analyzing usage patterns and user behavior
- Training machine learning models or algorithms
- Any other purpose related to our business operations
Monitoring and Analytics:
We reserve the right to monitor, record, and analyze your use of the App, including but not limited to:
- Screen recordings or session replays
- Performance metrics and crash reports
- User interaction patterns
- Feature usage statistics
- Any other data collection necessary for App improvement
This license survives termination of your account or these Terms.
7. THIRD-PARTY STREAMING SERVICE INTEGRATIONS
Required Subscriptions: The App integrates with third-party music streaming platforms (Spotify, Apple Music, YouTube/YouTube Music). For optimal alarm functionality, you must maintain an active premium/paid subscription with at least one of these services. The App's alarm features may not function properly with free-tier streaming accounts due to API limitations imposed by the streaming platforms.
Third-Party Service Dependencies:
- The App's alarm and music functionality is entirely dependent on third-party streaming services
- We have no control over these third-party services, their APIs, availability, or changes to their terms
- WE ARE NOT LIABLE for any failures, interruptions, changes, or discontinuations of third-party streaming services
- If a streaming service changes its API, terms of service, or discontinues service, alarm functionality may be impaired or lost entirely
Streaming Service Terms: Your use of third-party streaming services is subject to their respective terms of service and privacy policies. You are responsible for complying with those terms.
Continuous Connection: The App maintains an open connection to your chosen streaming service to ensure alarm functionality. You consent to this continuous connection and any data usage associated with it.
8. ALARM FUNCTIONALITY AND CRITICAL LIMITATIONS
NO GUARANTEE OF ALARM FUNCTIONALITY:
IMPORTANT WARNING: The alarm functionality provided by the App is NOT GUARANTEED to work reliably. We provide alarm functionality as a convenience feature only, and WE ARE NOT LIABLE under any circumstances if the alarm fails to activate, activates late, activates at the wrong time, or malfunctions in any way.
Factors That May Cause Alarm Failure Include (But Are Not Limited To):
- Device battery depletion
- Loss of internet/WiFi connection
- Third-party streaming service failures or API changes
- Device software updates or conflicts
- App bugs, crashes, or errors
- Device settings (Do Not Disturb, silent mode, volume settings)
- Operating system restrictions or limitations
- Cloud provider failures
- Any other technical issues
CRITICAL USER RESPONSIBILITIES:
To maximize the likelihood of alarm functionality, you should:
- Keep your device connected to WiFi
- Keep your device connected to a power source/charging
- Maintain an active premium subscription to a supported streaming service
- Ensure device volume is audible
- Disable Do Not Disturb or similar modes
- Keep the App running in the background
HOWEVER, EVEN IF YOU FOLLOW ALL RECOMMENDATIONS, WE MAKE NO GUARANTEE THAT THE ALARM WILL FUNCTION.
BACKUP ALARM REQUIRED:
YOU MUST USE A BACKUP ALARM SYSTEM. Do not rely solely on the LuxRise App for critical wake-up needs. We strongly recommend using a traditional alarm clock, phone's built-in alarm, or other reliable alarm system as a backup.
NO LIABILITY FOR CONSEQUENCES:
We are not liable for any consequences resulting from alarm failure, including but not limited to:
- Oversleeping
- Missing appointments, flights, work, school, or other obligations
- Financial losses
- Missed opportunities
- Any other direct or indirect damages
BY USING THE APP'S ALARM FUNCTIONALITY, YOU ACKNOWLEDGE AND ACCEPT THESE RISKS AND WAIVE ANY CLAIMS AGAINST US.
9. NOT MEDICAL OR HEALTH ADVICE
NO MEDICAL CERTIFICATION:
The App is NOT a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. We do not hold any medical, health, or sleep therapy certifications.
No Health Advice:
Any information provided by the App regarding sleep, sleep cycles, or sleep health is for informational and entertainment purposes only. It is not medical advice, and you should not rely on it for health-related decisions.
No Scientific or Medical Claims:
Any statements, features, or functionality in the App that may reference sleep science, research, studies, or health benefits are NOT scientifically proven or validated. We make no representations that:
- Any features are based on peer-reviewed research
- The App's methods are scientifically accurate or validated
- Use of the App will improve sleep quality, health, or well-being
- Any sleep tracking or calculations are medically accurate
DO NOT rely on the App for medical, therapeutic, or health-critical purposes.
Emergency and Critical Situations:
The App is NOT suitable for situations where waking up is critical for health or safety, including but not limited to:
- Taking time-sensitive medications
- Medical appointments or treatments
- Emergency response situations
- Any scenario where failure to wake could result in harm
YOU MUST NOT use the App as your only alarm in any critical or emergency situation.
Consult Healthcare Professionals:
If you have sleep disorders, health concerns, or medical conditions, you should consult with qualified healthcare professionals. Do not use the App as a substitute for professional medical advice.
No Liability for Health Outcomes:
We are not liable for any health consequences, sleep-related issues, medical problems, or emergencies that may arise from using or relying on the App.
10. DEVICE RESOURCE USAGE AND POTENTIAL IMPACT
Battery and Power Consumption:
The App may consume significant battery power, particularly when:
- Running continuously in the background to maintain alarm functionality
- Maintaining active connections to streaming services
- Monitoring app usage during sleep hours
- Processing sleep tracking calculations
WE ARE NOT LIABLE for excessive battery drain, rapid battery depletion, reduced battery lifespan, or any battery-related issues caused by the App.
Data and Bandwidth Usage:
The App requires continuous internet connectivity and may consume substantial amounts of data bandwidth for:
- Streaming music from third-party services
- Maintaining persistent connections to streaming service APIs
- Uploading and syncing sleep data to cloud servers
- Downloading app updates and content
YOU ARE RESPONSIBLE for all data charges from your mobile carrier or internet service provider. We are not liable for excessive data usage, overage charges, or depleted data allowances.
Device Performance Impact:
The App may impact your device's performance, including:
- Slower device operation while the App runs in the background
- Increased CPU usage and processing demands
- Reduced available memory (RAM)
- Increased device temperature or overheating
- Interference with other apps or device functions
- Reduced storage space from cached data or logs
Device Damage and Wear:
WE ARE NOT LIABLE for any damage to your device, including but not limited to:
- Battery degradation or reduced battery capacity
- Device overheating or thermal damage
- Hardware component wear or failure
- Storage drive degradation
- Screen burn-in from the App interface
- Any other physical or functional damage to your device
Recommendation - Not Guarantee:
While we recommend keeping your device connected to power/charging while using the App, this recommendation does not guarantee optimal performance or prevent any of the issues described above.
User Assumption of Risk:
BY USING THE APP, YOU ACKNOWLEDGE AND ACCEPT THAT THE APP MAY SIGNIFICANTLY IMPACT YOUR DEVICE'S BATTERY LIFE, DATA USAGE, PERFORMANCE, AND PHYSICAL CONDITION. YOU ASSUME ALL RISKS AND COSTS ASSOCIATED WITH THESE IMPACTS.
11. USER RESPONSIBILITIES AND PROPER USE
Device Requirements: You are responsible for:
- Ensuring your device meets the App's technical requirements
- Maintaining adequate internet connectivity
- Keeping your device charged and in working condition
- Installing App updates when recommended
- Maintaining compatible operating system versions
- Monitoring your device's battery health and temperature
- Managing your data usage and understanding your carrier's data plan limits
Push Notifications and Device Settings:
The App may send push notifications to you, including but not limited to:
- Volume adjustment reminders or warnings
- Sleep schedule reminders
- Alarm notifications
- App updates or feature announcements
IMPORTANT: Push notifications may modify or suggest modifications to your device settings, including system volume levels. These notifications and settings changes may affect other applications on your device.
You acknowledge and agree that:
- Volume changes suggested or triggered by the App may impact other apps, calls, or notifications
- You are responsible for managing your device's notification and volume settings
- We are not liable if volume changes interfere with other apps or cause you to miss important notifications
- You can disable push notifications through your device settings at any time, though this may impact App functionality
Notification Permissions:
By granting the App permission to send notifications, you consent to receive push notifications as described above. You may revoke this permission at any time through your device settings.
Streaming Service Compliance: You are responsible for maintaining valid, active premium subscriptions to supported streaming services and complying with their terms of service.
Lawful Use: You agree to use the App only for lawful purposes and in accordance with these Terms. You will not use the App in any way that violates any applicable local, national, or international law or regulation.
Account Usage Monitoring: The App may monitor your usage of other apps during designated sleep times to provide alerts encouraging healthy sleep habits. By using this feature, you consent to this monitoring.
12. PROHIBITED ACTIVITIES
You agree NOT to:
Technical Violations:
- Modify, decompile, reverse-engineer, or disassemble the App
- Circumvent or disable any security features or functionality of the App
- Use any automated systems (bots, scrapers, etc.) to access the App
- Introduce viruses, malware, or other harmful code
- Attempt to gain unauthorized access to our systems or other users' accounts
Content and Conduct Violations:
- Post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Engage in any activity that interferes with other users' use of the App
- Use the App for any commercial purpose without our express written consent
Intellectual Property Violations:
- Copy, distribute, or create derivative works from the App
- Remove or modify any copyright, trademark, or other proprietary notices
- Use our trademarks, logos, or branding without permission
Distribution Violations:
- Download the App from any source other than the official iOS App Store or Google Play Store
- Distribute, share, or make the App available through unauthorized channels
- Create or distribute modified versions of the App
Competitor and Research Activities:
- Analyze, benchmark, or reverse-engineer the App for competitive purposes
- Use the App to develop competing products or services
- Extract data, features, or functionality to replicate in other products
- Conduct automated testing or systematic data collection without written permission
- Use the App for academic or commercial research without written permission
Violation Consequences: We reserve the right to immediately terminate or suspend your account and access to the App for any violation of these prohibited activities, without notice and without liability.
13. ACCESSIBILITY AND NON-DISCRIMINATION
No Accessibility Guarantee:
While we strive to make the App accessible to as many users as possible, we make no guarantees regarding accessibility for users with disabilities. The App is provided "AS IS" without warranties of compliance with accessibility standards such as WCAG, ADA, or similar regulations.
Not Suitable for All Users:
You acknowledge and agree that:
- The App may not be suitable for users with certain disabilities, including but not limited to hearing impairments, visual impairments, motor disabilities, or cognitive disabilities
- Audio-based alarm functionality may not be effective for users with hearing impairments
- Visual interface elements may not be accessible to users with visual impairments
- The App may require certain physical capabilities to operate effectively
- We are not liable if the App is not accessible or suitable for your specific needs
No Discrimination Claims:
We do not intentionally discriminate against any users. However, the nature of the App's functionality (audio alarms, visual interface, etc.) may inherently limit its suitability for certain users. This is not discrimination but rather a technical limitation of the App's design and purpose.
Reasonable Accommodations:
While we are not obligated to provide accommodations, if you require assistance or have accessibility concerns, you may contact us at support@luxrise.io. We will consider requests on a case-by-case basis but make no guarantees regarding accommodations or modifications.
14. INTELLECTUAL PROPERTY RIGHTS
Our Ownership: The App and all content, features, functionality, source code, design, graphics, text, software, and all intellectual property rights therein are owned by Luxrising LLP and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:
- Resell or make commercial use of the App
- Collect or use any product listings, descriptions, or prices
- Make any derivative use of the App or its content
- Download or copy account information for the benefit of another party
User Content License: By submitting feedback, suggestions, reviews, or any other content to the App or through store reviews, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You waive any moral rights you may have in such content.
Feedback: We may freely use any feedback, suggestions, or ideas you provide without any obligation to you, including for improving the App or developing new features.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NO LIABILITY WHATSOEVER:
LUXRISING LLP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS (COLLECTIVELY, "WE" OR "OUR PARTIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
- DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA
- DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS
- DAMAGES RESULTING FROM ALARM FAILURE OR MALFUNCTION
- DAMAGES FROM OVERSLEEPING OR MISSING OBLIGATIONS
- DAMAGES FROM DATA LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS
- DAMAGES FROM APP BUGS, ERRORS, CRASHES, OR MALFUNCTIONS
- DAMAGES FROM THIRD-PARTY SERVICE FAILURES
- DAMAGES FROM EXCESSIVE BATTERY DRAIN, BATTERY DEGRADATION, OR BATTERY FAILURE
- DAMAGES FROM EXCESSIVE DATA USAGE OR DATA OVERAGE CHARGES
- DAMAGES FROM DEVICE OVERHEATING, HARDWARE DAMAGE, OR DEVICE MALFUNCTION
- DAMAGES FROM REDUCED DEVICE PERFORMANCE OR INTERFERENCE WITH OTHER APPS
- DAMAGES TO DEVICE STORAGE, MEMORY, OR ANY HARDWARE COMPONENTS
- DAMAGES FROM PUSH NOTIFICATIONS AFFECTING OTHER APPS OR DEVICE FUNCTIONALITY
- DAMAGES FROM VOLUME CHANGES OR MISSED NOTIFICATIONS DUE TO APP SETTINGS
- DAMAGES FROM ANY OTHER CAUSE RELATED TO YOUR USE OF OR INABILITY TO USE THE APP
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Basis of Bargain: You acknowledge that we have offered the App free of charge in reliance upon the limitations of liability and disclaimers set forth herein, and that these limitations and disclaimers reflect a reasonable and fair allocation of risk between you and us and form an essential basis of the bargain between us. We would not be able to provide the App to you without these limitations.
Maximum Liability Cap: In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law. In no event shall our total cumulative liability to you for all claims arising out of or relating to these Terms or the App exceed the amount of £10.00 (ten British pounds sterling), or if greater, the amount you paid to us in the 12 months preceding the claim (which, since the App is free, would be £0.00).
User Assumption of Risk: BY USING THE APP, YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND ACCEPT THAT YOU USE THE APP ENTIRELY AT YOUR OWN RISK AND THAT WE ARE NOT LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM YOUR USE OF THE APP.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Luxrising LLP and its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the App
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights or privacy rights
- Your violation of any applicable law or regulation
- Any content you submit or share through the App
- Your use of third-party streaming services
- Any consequences of alarm failure or malfunction
- Any device damage, battery issues, data usage, or performance problems
- Any false or misleading information you provide
This indemnification obligation survives termination of these Terms and your use of the App.
17. UPDATES AND MODIFICATIONS TO THE APP
Optional and Mandatory Updates:
We may release updates to the App from time to time. Updates are generally optional but strongly recommended for optimal performance and security. However, we reserve the right to make certain updates mandatory at our sole discretion.
No Update Guarantee: We are not obligated to provide any updates, bug fixes, or support for the App. We may discontinue updates or support at any time without notice.
Update Risks: Updates may introduce new bugs, change functionality, or remove features. We are not liable for any issues caused by updates.
Compatibility: You are responsible for ensuring your device and operating system remain compatible with the App. We may discontinue support for older device models or operating system versions at any time.
18. CHANGES TO THESE TERMS
Right to Modify:
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will:
- Update the "Last Updated" date at the top of these Terms
- Notify you through one or more of the following methods: In-app notification or banner Email to your registered email address Notice on our website (luxrise.io)
- In-app notification or banner
- Email to your registered email address
- Notice on our website (luxrise.io)
Effective Date of Changes:
Changes will become effective 30 days after we provide notice (or immediately for changes required by law). However, your continued use of the App after the effective date constitutes your acceptance of the modified Terms.
Review Responsibility:
It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you must immediately stop using the App and uninstall it from your device.
Binding Nature:
By continuing to use the App after changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, your only remedy is to stop using the App.
19. TERMINATION
Termination by Us:
We reserve the right to suspend, terminate, or restrict your access to the App at any time, for any reason or no reason, with or without notice, and without liability. Reasons for termination may include (but are not limited to):
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- At our sole discretion, for any other reason
Termination by You:
You may stop using the App and delete your account at any time through the App settings. Upon account deletion, your access to the App will be terminated.
Effect of Termination:
Upon termination:
- Your right to use the App immediately ceases
- We may delete your account and data (subject to Section 6)
- Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution provisions
No Refunds: Since the App is provided free of charge, no refunds or credits will be provided upon termination.
20. USER REVIEWS AND SOCIAL SHARING
Store Reviews: You may submit reviews of the App through the iOS App Store or Google Play Store. Store reviews are subject to the respective platform's terms and policies.
In-App Reviews: You may submit reviews or feedback within the App. By doing so, you grant us the license described in Section 14 (Intellectual Property Rights).
Social Sharing: The App may allow you to share content or achievements on social media platforms. Your use of social media platforms is subject to their respective terms of service.
Content Standards: All reviews, feedback, and shared content must comply with Section 12 (Prohibited Activities). We reserve the right to remove any content that violates these Terms.
21. THIRD-PARTY SERVICES AND LINKS
Third-Party Integrations: The App integrates with third-party services including music streaming platforms (Spotify, Apple Music, YouTube/YouTube Music) and may integrate with other services in the future.
No Endorsement: We do not endorse, warrant, or assume responsibility for any third-party services, products, or content. Your use of third-party services is at your own risk and subject to their terms and privacy policies.
No Liability: We are not liable for any damages or losses arising from third-party services, including service interruptions, changes to terms, data breaches, or service discontinuation.
Links to Third-Party Websites: The App may contain links to third-party websites. We do not control and are not responsible for the content, privacy policies, or practices of third-party websites.
22. EXPORT COMPLIANCE AND GEOGRAPHIC RESTRICTIONS
Authorized Distribution: The App is only authorized for download and use through:
- Apple iOS App Store
- Google Play Store
App Store Availability:
You acknowledge and agree that:
- The App's availability is subject to Apple's and Google's respective app store policies
- We have no control over app store policies, guidelines, or decisions
- Apple or Google may remove, restrict, or suspend the App at any time for any reason
- WE ARE NOT LIABLE if the App becomes unavailable through the app stores
- If the App is removed from app stores, we are not obligated to provide alternative distribution methods
- You may lose access to the App if it is removed from app stores, even if you previously downloaded it
- We are not liable for any consequences of app store removal, including loss of access to your data or disruption to your alarm functionality
App Store Compliance: Your use of the App is also subject to the applicable app store's terms of service (Apple App Store Terms or Google Play Terms of Service). You are responsible for complying with those terms.
Prohibited Modifications: You may not download, install, or use any modified, unauthorized, or third-party versions of the App. Doing so is a material breach of these Terms and may expose you to security risks.
Export Control: You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to embargo or trade restrictions.
Geographic Availability: While we aim to make the App available globally through the iOS App Store and Google Play Store, availability may be restricted in certain jurisdictions due to legal, regulatory, or technical reasons.
23. PRIVACY AND DATA PROTECTION
Privacy Policy: Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our separate Privacy Policy, which will be made available separately.
Data Processing: By using the App, you consent to the collection, processing, and use of your data as described in these Terms and our Privacy Policy.
International Data Transfers: Your data may be transferred to, stored, and processed in countries other than your own. These countries may have different data protection laws than your jurisdiction.
User Rights: Depending on your jurisdiction, you may have rights regarding your personal data, including rights to access, correct, delete, or restrict processing. Contact us at support@luxrise.io to exercise these rights.
24. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS
Mandatory Binding Arbitration:
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your relationship with us (collectively, "Disputes") shall be resolved exclusively through binding arbitration rather than in court.
Arbitration Procedure:
- Arbitration shall be conducted by a single arbitrator in accordance with the rules of the London Court of International Arbitration (LCIA)
- The seat of arbitration shall be London, England
- The language of arbitration shall be English
- The arbitrator's decision shall be final and binding
- Judgment on the arbitration award may be entered in any court having jurisdiction
Exceptions to Arbitration:
The following Disputes are NOT subject to arbitration and may be brought in court:
- Claims for injunctive or equitable relief to protect intellectual property rights
- Claims that can be properly brought in small claims court (within the court's jurisdictional limits)
Class Action Waiver:
YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Unless both you and we agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of representative or class proceeding.
Waiver of Jury Trial:
YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
Informal Dispute Resolution:
Before initiating arbitration, you agree to first contact us at support@luxrise.io to attempt to resolve the Dispute informally. We will attempt to resolve the Dispute informally by contacting you via email. If a Dispute is not resolved within 60 days of submission, either party may initiate arbitration.
Costs of Arbitration:
Each party shall bear their own costs and expenses, including legal fees, unless the arbitrator determines otherwise. The arbitrator's decision on cost allocation shall be final and binding.
Opt-Out Right:
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to support@luxrise.io within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other provisions of these Terms will continue to apply, and Disputes will be resolved in accordance with Section 25 (Governing Law and Jurisdiction).
25. GOVERNING LAW AND JURISDICTION
Governing Law:
These Terms and any Disputes (except those subject to arbitration under Section 24) shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Exclusive Jurisdiction:
For any Disputes not subject to arbitration under Section 24, you agree to submit to the exclusive jurisdiction of the courts of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any Dispute.
Venue:
Any legal action or proceeding (except arbitration) shall be brought exclusively in the courts located in London, England, and you irrevocably consent to the jurisdiction and venue of such courts.
Consumer Protection Laws:
Some jurisdictions have mandatory consumer protection laws that cannot be waived by contract. If you are a consumer in such a jurisdiction (including but not limited to the European Union, Australia, or certain U.S. states), you may have additional rights that cannot be limited by these Terms.
To the extent that any provision of these Terms conflicts with mandatory consumer protection laws in your jurisdiction, those mandatory laws will prevail, but only to the minimum extent required by law. All other provisions of these Terms remain in full force and effect.
Jurisdictional Limitations:
If you are located in a jurisdiction where any provision of these Terms is illegal, invalid, or unenforceable, that provision shall not apply to you, but all other provisions shall remain in full force and effect. Your continued use of the App constitutes acceptance of the enforceable provisions.
26. MISCELLANEOUS PROVISIONS
Entire Agreement: These Terms, together with our Privacy Policy (when available), constitute the entire agreement between you and us regarding the App and supersede all prior agreements, understandings, and communications, whether written or oral.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Luxrising LLP. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.
Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms or our rights under these Terms at any time without notice or consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Business Transfers:
In the event of a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding involving Luxrising LLP, your user account, data, and information may be transferred, sold, or otherwise conveyed to a successor or assign as part of the transaction.
You acknowledge and agree that:
- Your data may be transferred to a third party as part of a business transaction
- The successor entity will assume our rights and obligations under these Terms
- We will make reasonable efforts to notify you of such transfers via email or in-app notification, but such notification is not required for the transfer to be valid
- You will be bound by these Terms (or equivalent terms) with the successor entity
- If you do not agree to the transfer, your sole remedy is to delete your account before the transfer is completed
By continuing to use the App after a business transfer, you consent to the transfer of your data and account to the successor entity.
Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities
- Fire, floods, earthquakes, accidents, pandemics, or natural disasters
- Strikes, labor disputes, or shortages of transportation, facilities, fuel, energy, labor, or materials
- Internet outages, telecommunications failures, or power grid failures
- Cyber attacks, distributed denial of service (DDoS) attacks, hacking, or other malicious activities
- Third-party service failures, including but not limited to streaming service outages, API shutdowns, or cloud provider disruptions
- Changes to third-party terms of service or API availability
- Government actions, regulations, or legal restrictions
- App store removals, restrictions, or policy changes by Apple or Google
If such an event occurs, our obligations will be suspended for the duration of the force majeure event, and we will not be liable for any resulting damages or losses.
Relationship: Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us or make commitments on our behalf.
Language: These Terms are drafted in the English language. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or ambiguity.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Notice: Notices to you may be provided via email, in-app notification, or posting on our website. Notices to us must be sent to: support@luxrise.io or Luxrising LLP, 32 Kinburn Street, London, England, SE16 6DW.
Email Communications:
By providing your email address and using the App, you consent to receive emails from us, including:
- Terms of Service updates
- Privacy Policy changes
- Important service announcements
- Security alerts
- Account-related notifications
You may not opt out of transactional or legal notification emails. You can contact us to update your email preferences for non-essential communications.
Survival: Provisions that by their nature should survive termination shall survive, including but not limited to: Sections 6 (Data Handling), 14 (Intellectual Property), 15 (Limitation of Liability), 16 (Indemnification), 24 (Arbitration), 25 (Governing Law), and 26 (Miscellaneous).
27. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms or the App, please contact us:
Email: support@luxrise.io Company: Luxrising LLP Address: 32 Kinburn Street, London, England, SE16 6DW Website: luxrise.io
28. ACKNOWLEDGMENT AND ACCEPTANCE
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE LUXRISE APP, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms in their entirety
- You agree to be bound by these Terms
- You are at least 18 years of age
- You understand that the App is provided "AS IS" with no warranties
- You accept all risks associated with using the App
- You understand that alarm functionality is not guaranteed
- You will use a backup alarm system and not rely solely on this App
- You understand we are not liable for any consequences of App use or malfunction
- You accept that the App may cause excessive battery drain, data usage, device performance issues, or device damage
- You are responsible for monitoring your device's battery, temperature, data usage, and overall health
- You grant us the licenses described in these Terms
- You agree to binding arbitration and waive your right to a jury trial and class actions
- These Terms are governed by the laws of England and Wales
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP.
END OF TERMS OF SERVICE
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This page reproduces our published policy for transparency. It is provided for convenience and is not legal advice.