Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between LUX Solutions (“Company,” “we,” “us,” or “our”) and the business entity or individual (“Customer,” “you,” or “your”) accessing or using the Luxo POS platform (“Service”). By creating an account or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

Luxo POS is a cloud-based, business-to-business software-as-a-service (SaaS) platform providing point-of-sale, reservations, staff scheduling, customer loyalty, analytics, and related management tools for food & beverage and retail businesses operating primarily in British Columbia, Canada.

The Service is provided on a subscription basis. Features available depend on your selected plan (Starter, Growth, Pro, or Enterprise) and any activated add-ons.

Each subscription grants access to a single business workspace (“tenant”). You are responsible for all activity that occurs under your account.

• Owner — Full administrative control, billing management, and settings
• Manager — Operational access; cannot modify billing or subscription
• Staff — Limited access to assigned features (POS, scheduling)
• Viewer — Read-only access

You must be at least 18 years of age and have the legal authority to enter into contracts on behalf of your business to create an account.

You are responsible for maintaining the security of your account credentials and employee PINs. You must notify us immediately at legal@luxopos.com of any unauthorized access.

You may cancel your subscription at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; you retain access to the Service until that date.

• Monthly plans — No refund for the current billing period upon cancellation
• Annual plans — Refund terms are as specified in your signed service agreement or order form; absent a written agreement, annual fees are non-refundable
• Free trial (if offered) — No charge if cancelled before the trial period ends

We reserve the right to offer refunds at our discretion in cases of documented service outages exceeding 99% downtime in a calendar month.

You agree not to use the Service to:

• Process payments for illegal goods or services under Canadian federal or BC provincial law
• Resell, sublicense, or white-label the platform without a written reseller agreement
• Attempt to reverse-engineer, decompile, or extract the source code
• Introduce malicious code, perform denial-of-service attacks, or probe for security vulnerabilities without written authorization
• Circumvent access controls, impersonate other users, or access data belonging to other tenants
• Use automated scraping tools against the Service in a manner that degrades performance

Violation of this section may result in immediate suspension or termination of your account without refund, and may be reported to appropriate law enforcement authorities.

For businesses using Luxo POS's payment integration features (deposit collection, online orders), LUX Solutions acts as the platform operator under Stripe Connect. Your use of these payment features is subject to the Stripe Connected Account Agreement.

In-person card transactions are processed by our ISV payment partners directly to your merchant account. LUX Solutions does not hold, settle, or have custody of transaction funds from in-person sales. Our compensation from in-person payment processing is limited to residual commission sharing from the payment processor.

All rights, title, and interest in and to the Luxo POS platform, including software, design, trademarks, and documentation, remain the exclusive property of LUX Solutions. These Terms grant you a limited, non-exclusive, non-transferable license to access and use the Service during your subscription term.

You retain ownership of your business data (orders, reservations, customer records, etc.) uploaded to the platform. You grant us a limited license to process and store this data solely to provide and improve the Service.

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein.

You are responsible for obtaining any required consents from your employees and customers whose personal information you enter into the platform (e.g., customer phone numbers for SMS reminders, employee wage and scheduling data).

We strive to maintain commercially reasonable uptime for the Service. Planned maintenance windows will be communicated with at least 24 hours' notice. We do not guarantee a specific uptime percentage but commit to resolving critical outages within 4 business hours.

We are not responsible for downtime caused by third-party services (Supabase, Stripe, Twilio, Vercel), internet service providers, or events outside our reasonable control.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUX SOLUTIONS' TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold harmless LUX Solutions, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your breach of any applicable law or regulation; (c) any dispute between you and your employees or customers.

These Terms remain in effect for the duration of your subscription. Either party may terminate with 30 days' written notice. We may terminate or suspend your account immediately and without notice if:

• You materially breach these Terms and fail to cure within 10 days of notice
• You engage in fraudulent, illegal, or abusive activity
• Required by law or court order

Upon termination, your access to the Service ceases and we will make your data available for export for 30 days, after which it will be deleted in accordance with our Privacy Policy.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Any dispute arising from these Terms shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Vancouver, BC under the BC Arbitration Act. Notwithstanding this, either party may seek injunctive relief in a court of competent jurisdiction.

• Entire Agreement — These Terms, together with the Privacy Policy, constitute the entire agreement between you and LUX Solutions
• Severability — If any provision is found unenforceable, the remaining provisions remain in full force
• Waiver — Failure to enforce any provision does not constitute a waiver of future enforcement
• Assignment — You may not assign these Terms without our written consent; we may assign them in connection with a merger or acquisition
• Notices — Legal notices to us must be sent to legal@luxopos.com; notices to you will be sent to your registered email address
• Amendments — We may update these Terms at any time with 14 days' prior notice; continued use after the effective date constitutes acceptance

Questions about these Terms should be directed to: