Terms of Service

Last modified: August 18, 2025

Luxury Presence, Inc. (“Luxury Presence”, “we”, “us”, or “our”) has made these Terms of Service (the “Agreement”) available to explain the terms and conditions by which you may access and use (a) certain products and services made available by Luxury Presence, which may include (a) Luxury Presence’s website development, maintenance, hosting and other related services for the purpose of establishing and/or improving our customers’ online visibility and for showcasing listings (the “Website Services”), (b) our Luxury Presence App product, which is intended to help real estate agent customers to interact with their clients (the “Luxury Presence App Services”), (c) our Network product, which is intended to help real estate agents to interact with other agents and grow their business networks (the “Network Services”), (d) the various mobile applications made available by Luxury Presence (the “Mobile Apps”), (e) our texting services which is intended to help real estate agents to send and receive SMS text messages through manual and automatic means with potential and actual clients (“Texting Services”); and (f) any other products and services that link to this Agreement (collectively, the “Luxury Presence Services”).

You must read this Agreement carefully as it governs your use of the Luxury Presence Services. By accessing or using the Luxury Presence Services and/or signing an Order Form, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use of the Luxury Presence Services and should not use the Luxury Presence Services and/or not sign the Order Form.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service under the “Legal — Terms of Service” section of our Mobile App. We will also notify you of any material changes, either through the Luxury Presence Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Luxury Presence Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Luxury Presence Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LUXURY PRESENCE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

1. Luxury Presence Services

1.1 Registration. To use certain portions of the Luxury Presence Services, you must register for an account by providing us with your email and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person during registration. If you are registering for the Luxury Presence Services on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third parties.

1.2 Your Privacy. By using the Luxury Presence Services, you consent to our collection, use and disclosure of personal information as outlined in the Privacy Policy. For more information please see our Privacy Policy, located at https://www.luxurypresence.com/privacy-policy/ and under the Legal — Privacy Policy section of our Mobile App (the “Privacy Policy”). 

1.3 No Children Permitted. The Luxury Presence Services are not intended for individuals under the age of 18. If you are a child under the age of 18, please do not register for the Luxury Presence Services or send any personal information to us. If you have reason to believe that a child under the age of 18 is using our Luxury Presence Services, please let us know immediately at [email protected] and we will seek to revoke access and delete any associated information as quickly as possible. If you are at least 18 years of age, but below the age of consent in your jurisdiction, you may only use the Luxury Presence Services with the permission and consent of your parent or guardian.

1.4 Grant of Access. You may access, and we grant you a non-exclusive right to use, the Luxury Presence Services in accordance with this Agreement, any Order, and the Licensed Entitlements. You will comply with this Agreement, any Order, and all applicable laws when using the Luxury Presence Services. We and our affiliates own all rights, title, and interest in and to the Luxury Presence Services, including the underlying technology and intellectual property rights therein. We are constantly improving the Luxury Presence Services. You agree and acknowledge that the Luxury Presence Services are subject to modification and change.

1.5 User Content. You retain ownership of all content, data and information you provide to the Luxury Presence Services referred to as “User Content”. During and after the term of this Agreement, except with User Content supplied to Luxury Presence as part of the Website Services, Luxury Presence may use your User Content to develop and improve our products and services, comply with applicable law, and enforce our policies. You are responsible for all User Content, including for ensuring that it does not violate any applicable law, the intellectual property rights of third parties, or this Agreement.

1.6 User Conduct. You represent, warrant, and covenant that: (i) any User Content you transfer via the Luxury Presence Services has been legally obtained and belongs or is otherwise licensed to you; (ii) you will not engage in any conduct that is or could be considered illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive; (iii) you will not provide any false, inaccurate or misleading information while using the Luxury Presence Services; (iv) you will not interfere with or disrupt the Luxury Presence Services or servers or networks connected to the Luxury Presence Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Luxury Presence Services; (v) you will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) you and your User Content will not infringe, misappropriate or violate any intellectual property, privacy, publicity or other proprietary rights of Luxury Presence or any third party; (vii) you will not disguise your location through IP proxying or other methods; (viii) you will not solicit personal information from anyone under the age of 18; (ix) you will not harvest or collect email addresses or other contact information of other users from the Luxury Presence Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (x) you will not violate any applicable local, state, national, or international law, or any regulations having the force of law; (xi) you will not upload to the Luxury Presence Services or otherwise provide to Luxury Presence any sensitive or regulated data, information or other content (including but not limited to any information that is regulated by the Health Information Portability and Accountability Act, the Payment Card Industry Data Security Standard, the Gramm-Leach-Bliley Act, and other U.S. federal, state or foreign laws applying specific security standards); (xii) you will not obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Luxury Presence Services, including attempting to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Luxury Presence Services; (xiii) you will not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Luxury Presence Services or any other user of the Luxury Presence Services.

1.7 Third Party Services. Any third party software, services, or other products you use in connection with the Luxury Presence Services are subject to their own terms and conditions and Luxury Presence is not responsible for and hereby disclaims any and all liability arising from such third party products and any integration with the Luxury Presence Services.

1.8 Interactions with Other Users. You are solely responsible for your interactions with other users. Luxury Presence is not involved in or a party to transactions between users (including but not limited to any agent’s representations of their clients in real estate transactions) and between users and third parties (including but not limited to real estate transactions to which a user is a party), and Luxury Presence is not a party to any disputes arising therefrom. Luxury Presence reserves the right, but does not have any obligation, to monitor and become involved in any way with disputes between you and other users. Luxury Presence will have no liability or responsibility for your interactions with other users, or for any users’ acts or omissions. You hereby perpetually and irrevocably release Luxury Presence from all claims, demands and damages arising out of or in any way connected with any disputes between you and any other user or other third parties related to your use of the Luxury Presence Service, including any damage, losses, personal injury, or death that may be connected to any real estate property viewing, purchase, or sale. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

2. Fees and Payments

2.1 Fees and Billing. To the extent the Luxury Presence Services are made available to you for a fee, you will pay all fees charged to your account (“Fees”) according to the prices and terms as agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis but may reasonably change the date on which the charge is posted. You authorize Luxury Presence, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Luxury Presence Services until payment is received. Fees are payable in U.S. dollars and are due upon receipt of an invoice. Payments are nonrefundable except as provided in this Agreement.

2.2 Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase of the Luxury Presence Services, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Luxury Presence uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

2.3 Changes in Fees. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to any free or beta services, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

2.4 Free Services. You may not create more than one account to benefit from credits provided in the free version of the Luxury Presence Services. If we believe you are not using the free services in good faith, Luxury Presence may charge you standard fees or immediately suspend and/or terminate your access to such Luxury Presence Services.

3. Website Services

If you are a customer of Luxury Presence’s Website Services, then the following terms also apply to your use of such Website Services.

3.1 Definitions. As used in this Section 3, the following defined terms will have the following meanings:

“Affiliates” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity, so long as such Control exists. For the purposes of this definition, “Control” means beneficial ownership of 50% or more of the voting power or equity in an entity. 

“Customer” means you or the entity that has entered into an Order Form for the Website Services

“Customer Site(s)” means the website(s) for which you use the Luxury Presence Services as specified in the corresponding Order Form.

“Documentation” means the printed and digital instructions, on-line help files, technical documentation and user manuals made available by Luxury Presence for the Luxury Presence Services.

“Luxury Presence Templates” means the template Terms of Service and Privacy Policy forms provided by Luxury Presence to you. 

“Licensed Entitlements” means the limits, volume, business or geographic scope, or other measurement or conditions of permitted access and use of the Luxury Presence Services set forth in the applicable Order Form.

“Order Form” means an order form, quote or other similar document that sets forth the specific Luxury Presence Services and pricing therefor, and that references this Agreement and is mutually executed by the parties. Notwithstanding the foregoing, Luxury Presence may also make a self-checkout portal available to purchase Luxury Presence Services and in such instance, Customer completing the self-checkout transaction will be deemed an Order Form under this Agreement. 

“Website Content” means all images, videos, sounds, text, content or other materials displayed or otherwise made available on the Customer Site(s), which may include User Content, and GenAI Content.

3.2 Website Launch.

(a) Provision of Content by Customer. Customer shall provide all necessary Website Content using the mechanism designated by Luxury Presence within fourteen (14) days from the effective date to allow appropriate time for the development of the website. In the event that Customer fails to provide the necessary content on a timely basis, the website launch date shall be pushed back by the amount of the delay.

(b) Revision Process. Following delivery of the necessary content by Customer, Luxury Presence shall use commercially reasonable efforts to deliver a staging link with the initial, non-published draft of Customer Site within fifteen (15) days from the day all necessary content is received by Luxury Presence. After staging link is sent to Customer, Customer shall request any further revisions to the website within seven (7) days using the feedback form provided by Luxury Presence. After the requests have been received, Luxury Presence shall use commercially reasonable efforts to make the revisions within seven (7) days of receiving them. Luxury Presence shall provide one (1) round of revisions subject to Customer’s reasonable approval of all revisions. Any further revisions may be subject to an additional fee. Customer acknowledges that Luxury Presence will not proceed with any additional revision work until all changes/requests for each round are confirmed by Customer. Customer further acknowledges that any additional revision requests, regardless of size will only be processed on when submitted as part of an official revision round.

(c) Final Approval Process. Customer shall provide final approval within seven (7) days of receiving the revised staging website. Luxury Presence shall use commercially reasonable efforts to launch the Customer Site no later than four (4) weeks from the Subscription Start Date set forth on an Order Form provided the Customer supplies all necessary assets (including photos, videos and copy) within seven (7) days of contract signing.

3.3 Customer Responsibilities Regarding Account. Customer will (a) be responsible for all use of the Website Services and Website Content under its account (whether or not authorized), (b) be solely responsible for the accuracy, quality, integrity and legality of Customer Site(s), User Content and Website Content, (c) be solely responsible for obtaining any rights, consents and permissions necessary to display or otherwise make available any Website Content on the applicable Customer Site(s), or otherwise use the Luxury Presence Services, (d) use commercially reasonable efforts to prevent unauthorized access to or use of the Website Services and Documentation and notify Luxury Presence promptly of any such unauthorized access or use, and (e) be responsible for obtaining and maintaining any equipment, software and ancillary services needed to connect to, access or otherwise use the Website Services, including as set forth in the Documentation. 

3.4 Luxury Presence Templates are Not a Substitute for Legal Advice. Luxury Presence provides an all-in-one platform for building and managing real estate websites and other related services. From time to time, Luxury Presence may provide the Customer with template Terms of Service, Privacy Policy, SMS consent and other templated text for use in connection with its website and brands. The Luxury Presence Templates are provided for the Customer’s private use and do not constitute legal advice. Customer should consult with and work with Customer’s legal counsel to review the Luxury Presence Templates, and to ensure that the Luxury Presence Templates, to the extent displayed on Customer’s website accurately reflects Customer’s content and practices. Luxury Presence hereby disclaims any and all liability arising out of Customer’s use of the Luxury Presence Templates.

3.5 Delays to Subscription Start Date. Customer shall be responsible for the recurring monthly fees after the Subscription Start Date (as set forth in the corresponding Order Form). The Subscription Start Date may only be postponed upon mutual agreement by the Parties. For clarity, the following are not valid reasons, and Luxury Presence will not agree, to delay the Subscription Start Date for the following reasons (including but not limited to): (i) Customer is unable to produce or supply the proper content needed for the website (community copy, bio, images, videos, etc.), or voluntarily chooses to delay the launch of the website due to lacking the aforementioned content; (ii) Customer would like to have a new feature completed prior to website launch that is outside the original scope of contract; in such case, the new feature would be developed on a different timeline outside of the original delivery date and would not delay the Subscription Start Date; or (iii) Customer was not aware that subscriptions may start even without a website being fully launched.

3.6 Scope of Revisions, Website Design Disclaimer. For clarity, any “revisions” requested by Customer shall only include changes that can be made within the structure of the applicable template such as HTML & CSS. Such “revisions” do not include any custom coding changes or non-standard template features, which shall be subject to Luxury Presence’s approval and then-current hourly rate. Further, Customer understands that requesting components from other design templates is outside the scope of the Order Form except where approved in writing by Luxury Presence. Customer acknowledges that web design and development is a creative and subjective endeavor that is heavily guided by Customer direction. Luxury Presence hereby disclaims any and all liability arising from Luxury Presence’s creative and subjective decisions as they relate to the Customer Site.

3.7 Additional Payment Terms. Customer will be charged the monthly subscription fees outlined on the Order Form starting on Subscription Start Date independently of whether or not the website and/or other Luxury Presence Solutions have been launched or finalized at that time. Unless Luxury Presence has a separate written agreement with Customer, Luxury Presence reserves the right to change its prices and fees from time to time in its sole discretion. If it does so, Luxury Presence will provide Customer with written notice of any such changes and such the new pricing and fees will take effect upon Customer’s next renewal. Unpaid amounts are subject to a late fee of $50 if an invoice is unpaid for more than fourteen (14) days and $150 if the invoice is unpaid for more than thirty (30) days, plus all expenses of collection.  In the event Customer exceeds the Licensed Entitlements, Luxury Presence will charge, and Customer will pay all amounts due for such overages in accordance with the terms of this Agreement. The payments made are non-cancellable and non-refundable.

3.8 Warranties by Customer. Customer represents, warrants, and covenants that it has the necessary rights, licenses, consents, permissions, waivers and releases to use, make available and distribute the Website Content in connection with the Website Services as contemplated herein. In addition, Customer represents and warrants that Customer’s use of Website Services: (i) will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and data privacy); (ii) will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities; and (iii) will not infringe or misappropriate the intellectual property rights of Luxury Presence or any third party.

3.9 Luxury Presence Marks. Luxury Presence hereby grants Customer a non-transferable, non-sublicensable, non-exclusive license during the term of this Agreement to display the trade names, trademarks, service marks, logos, domain names of Luxury Presence (each, a “Luxury Presence Mark”) for the purpose of promoting or advertising that Customer uses the Luxury Presence Services. In using Luxury Presence Marks, Customer may not: (a) display a Luxury Presence Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Luxury Presence; (b) use Luxury Presence Marks to disparage Luxury Presence or its products or services; or (c) display a Luxury Presence Mark on a site that violates any law or regulation. Furthermore, Luxury Presence may modify any Luxury Presence Marks at any time, and upon notice, Customer will use only the updated Luxury Presence Marks. Other than as permitted in this Section, Customer may not use any Luxury Presence Marks without prior written consent. All use of the Luxury Presence Marks will be subject to any trademark usage guidelines that Luxury Presence may provide from time to time, and Customer will conduct its business in a professional manner that reflects favorably on the goodwill and reputation of Luxury Presence.

3.10 Subscription Term; Termination. Notwithstanding anything to the contrary (including Section 5 below), the following termination terms shall apply and govern with respect to the Website Services:

(a) Subscription Term. The term of the Website Services will commence on the effective date of the initial Order Form and continue until terminated as set forth below. The “Subscription Term” will start on sooner of either: (i) the subscription start date as set forth in the Order Form; or (ii) website launch date (the “Subscription Start Date”) and will continue until the Subscription Auto-Renewal Date as set forth in the Order Form (the “Subscription End Date”). Except as set forth in such Order Form, the term of such Order Form will automatically renew for successive renewal terms equal to the length of the initial term of such Order Form, unless either party provides the other party with written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. Notwithstanding the foregoing, Luxury Presence may increase the price of the Website Services by providing notice to you sixty (60) days prior to the Subscription End Date for the then current term and such price increase will become effective during the subsequent renewal term.

(b) Termination. Each party may terminate the Website Services upon written notice to the other party if there are no Order Forms then in effect. Each party may also terminate the Website Services upon written notice in the event; (i) the other party commits any material breach of this Agreement and fails to remedy such breach within thirty (30) days after receiving formal written notice of such breach; or (ii) subject to applicable law, upon the other party’s liquidation, commencement of dissolution proceedings or assignment of substantially all its assets for the benefit of creditors, or if the other party becomes the subject of bankruptcy or similar proceeding that is not dismissed within sixty (60) days.  Luxury Presence may immediately terminate the Website Services in the event Customer fails to pay any amounts when due. Unless the Website Services are terminated for Luxury Presence’s uncured material breach, termination will not relieve Customer of its payment obligations for the remainder of the Subscription Term set forth on the Order Form. 

(c) Early Termination by Customer. Customer may terminate this Order Form prior to the Subscription End Date upon thirty (30) days’ written notice to Luxury Presence and payment of 100% of the remaining fees for the full Subscription Term (including any unpaid subscription fees, set-up fees, marketing fees, fees for add-on services, etc.). Any fees paid or outstanding before the time of termination are non-refundable.

(d) Suspension of Website Services. Luxury Presence may suspend Customer’s access to Website Services and hosting of the Customer Site at any time in its reasonable discretion if: (i) there is a threat to the security or integrity of the Website Services or the Customer Site; (ii) it possesses a good faith belief that Customer’s use of the Website Services may be in violation of this Agreement; or (iii) Customer has not fully paid any invoices when such invoice was due or (iv) Customer revokes any payment information on file. Luxury Presence shall not be liable or responsible for damages to Customer resulting from the suspension or termination of the Customer’s account. Reinstatement of suspended services requires payment of the outstanding balance in full, including any accrued interest. Suspension of Luxury Presence Services shall not release Customer from any outstanding fees.

4. Additional Product-Specific Terms

4.1 Luxury Presence App Services. Luxury Presence App Services are designed to provide a mobile and web application to assist our real estate agent customers in working with their potential clients in the home buying process, including tools to receive market insights and listing data, search for homes, manage client contacts, discuss clients’ preferences, and collaborate with clients. You agree you are solely responsible for all interactions that you may have with other users of the Luxury Presence App Services.  

4.2 Network Services. Network Services are designed to provide a platform for our real estate agent customers to connect and interact with other real estate agents, including tools to share market insights, exchange listing information, discuss industry trends, and build professional relationships. The Network Services may be provided in both “paid” or “free” tier offerings, and your ability to access certain portions of the Network Services may be limited depending on your product tier.  By signing up for the Network Services, you agree that Luxury Presence may contact you if we believe you may be interested in purchasing other Luxury Presence Services, including Website Services.  The Network Services may allow you to share User Content with other users of the Network Services, and you agree that you are solely responsible for all User Content that you choose to share in this manner. You further agree you are solely responsible for all interactions that you may have with other users of the Network Services. 

4.3 Texting Services. Customer agrees and acknowledges that Texting Services are subject to applicable laws, rules, and industry regulations, which are subject to change at any time and that the Customer must obtain campaign approval from third party service providers and/or regulators for such Texting Services to be functional. Luxury Presence will work in good faith with Customer to obtain the appropriate approvals from third party service providers and/or regulators and Customer will fully cooperate with all reasonable requests from Luxury Presence to facilitate the same, including but not limited to Customer providing accurate business information matching their W9 for A2P (Application-to-Person) for SMS messaging campaigns. Customer agrees and acknowledges that the billing for the Texting Services will start on the Subscription Start Date and is due and payable regardless of whether campaign approval is obtained or not.

5. Term and Termination

5.1 Termination; Suspension. For all Luxury Presence Services other than the Website Services as contemplated in Section 3.10 above this Agreement takes effect when you first use the Luxury Presence Services and remain in effect until terminated. Except with respect to the Luxury Presence Services set forth on an Order Form, or as otherwise agreed upon by you and Luxury Presence, you may terminate this Agreement at any time for any reason by discontinuing the use of the Luxury Presence Services (however any payment obligations will still persist until the end of Subscription Term, if applicable) and we may terminate this Agreement for any reason by providing you at least 30 days’ advance notice. Notwithstanding the foregoing, we may terminate this Agreement immediately upon notice to you if you materially breach this Agreement, if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Luxury Presence Services, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

5.2 Effect on Termination. Upon termination, you will stop using the Luxury Presence Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of this Agreement which by their nature should survive termination or expiration should survive, including but not limited to Sections 5.2, 6, 7, 8, 9 and 10.

6. Proprietary Rights

6.1 Luxury Presence’s Ownership Rights. As between the parties, Luxury Presence exclusively owns all right, title and interest in and to the Luxury Presence Services. Except for the express rights granted hereunder, Luxury Presence reserves all rights, title and interests in and to the Luxury Presence Services and Luxury Presence’s Confidential Information.

6.2 Restrictions. In addition to the restrictions on User Conduct set forth in Section 1.6 above, you may not (i) use the Luxury Presence Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Luxury Presence Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Luxury Presence Services to develop products and services that compete with Luxury Presence; (iv) use any automated or programmatic method to extract data or output from the Luxury Presence Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Luxury Presence Services was human-generated when it is not; or (vi) use the Luxury Presence Services in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other requirements in our documentation. 

6.3 Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

6.4 Confidentiality. In connection with the Luxury Presence Services, you may be given access to certain Confidential Information of Luxury Presence. You may use Confidential Information only as needed to use the Luxury Presence Services as permitted under this Agreement. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. “Confidential Information” means nonpublic information that Luxury Presence or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, other nonpublic business information, and/or any non-public communications between Luxury Presence and its Customers. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under this Agreement; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Luxury Presence and use reasonable efforts to limit the scope of disclosur

6.5 Aggregated Information. Notwithstanding anything to the contrary, Luxury Presence shall have the right to aggregate, collect and analyze data and other information relating to the provision, use and performance of the Luxury Presence Services and shall be free (during and after the term hereof) to (i) use such data and other information to develop and improve the Luxury Presence Services and other Luxury Presence offerings, and (ii) disclose such data and other information solely in an aggregated and anonymized format that does not identify you.

7. Indemnification; Disclaimer; Limitations on Liability

7.1 Indemnity. You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of our Luxury Presence Services; or (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation.

7.2 General Disclaimer. EXCEPT AS OTHERWISE AGREED UPON BY US IN WRITING, THE LUXURY PRESENCE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY INPUT OR OUTPUT WILL BE SECURE OR NOT LOST OR ALTERED. LUXURY PRESENCE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE SUFFICIENT OR ADEQUATE TO MEET YOUR REQUIREMENTS OR NEEDS, NOR DOES LUXURY PRESENCE REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL ACHIEVE ANY PARTICULAR OUTCOME OR RESULT.

7.3 Disclaimer Regarding Generative AI. Certain images, text, video or other content made available by Luxury Presence (such as blog or social media posts, digital ads, marketing and promotional messages, enhancements to User Content, etc.) for use in connection with the Luxury Presence Services or your Customer Site may have been created and generated through use of artificial intelligence technologies (such technologies, “AI Technology” and such content collectively, “GenAI Content”). While the GenAI Content may appear realistic or accurate, they are not sourced from real-world objects, people, or events, and should not be used as factual representations or depictions of the foregoing. Luxury Presence makes no warranties, express or implied, regarding the accuracy, reliability, non-infringement or authenticity of any GenAI Content and disclaim any liability for errors, actions or omissions taken based on any GenAI Content. In addition, in certain jurisdictions, bias audits, notice and/or consent may be required from the downstream individual in the event AI Technology is used in connection with the processing of “personal information”, “personal data” or otherwise. If any consents, audits, notices, or other elements are required, you agree and acknowledge that you are solely responsible for providing all required consents or notices and satisfying all other requirements with respect to the Luxury Presence Services (including use of AI Technology).

7.4 Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF OUR SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

8. Dispute Resolution by Binding Arbitration

8.1 Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Luxury Presence, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Luxury Presence Services, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Luxury Presence are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 

8.2 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND LUXURY PRESENCE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LUXURY PRESENCE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

8.3 Pre-Arbitration Dispute Resolution. Luxury Presence is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Luxury Presence should be sent to Luxury Presence, Inc., 504 Lavaca St, Suite 840, Austin, TX 78701, Attn: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Luxury Presence and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Luxury Presence may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Luxury Presence or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Luxury Presence is entitled.

8.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer, as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Luxury Presence and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Luxury Presence agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

8.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Luxury Presence will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Luxury Presence will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Luxury Presence will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

8. 6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

8.7 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 8.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 8.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.

8.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Luxury Presence agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Luxury Presence Services, you may reject any such change by sending Luxury Presence written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

9. Additional Terms

9.1 Third-Party Distribution Channels. Luxury Presence offers software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Luxury Presence Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

9.2 Apple-Enabled Software. With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

(a) Luxury Presence and you acknowledge that these Terms of Service are concluded between Luxury Presence and you only, and not with Apple Inc. (“Apple”), and that as between Luxury Presence and Apple, Luxury Presence, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

(b) You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

(c) Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.

(d) Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. 

(e) Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Luxury Presence’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
(f) Luxury Presence and you acknowledge that Luxury Presence, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
(g) In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Luxury Presence and Apple, Luxury Presence, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(h) You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(i) You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement. If you have any questions, complaints, or claims with re

[email protected]
504 Lavaca St, Suite 840
Austin,TX 78701
Phone: 310-955-1077

(j) Luxury Presence and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

9. 3 Google-Sourced Software. The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Luxury Presence only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Luxury Presence, and not Google, is solely responsible for Luxury Presence’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Luxury Presence’s Google-Sourced Software.

10. Miscellaneous 

10.1 Entire Agreement. These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

10.2 Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

10.3 Notice. We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

10.4 Modifications. We may amend this Agreement from time to time by posting a revised version on the website. All changes will become effective when we notify you. Your continued use of the Luxury Presence Services after any change means you agree to such change. The parties may amend an Order Form through mutual written agreement of the parties. Notwithstanding the foregoing, you may add additional Luxury Presence Services to your Order Form at any time during the Subscription Term through a self-checkout portal and such additional Luxury Presence Services will be deemed to be part of an Order Form.

10.5 Equitable Remedies. You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to Luxury Presence, and Luxury Presence shall have the right to seek injunctive relief against you in addition to any other legal remedies.

10.6 Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

10.7 DMCA; Copyright Complaints. Luxury Presence respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Luxury Presence of your infringement claim in accordance with the procedure set forth in our DMCA Policy available at https://www.luxurypresence.com/dmca-notice/

10.8 Governing Law. This Agreement will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Luxury Presence agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Austin, TX. The failure of Luxury Presence to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.