Lyxenta — Terms of Service

1. Introduction

Welcome to Lyxenta ("Company", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website located at lyxenta.com (the "Site"), and any related applications, services, and tools provided by Lyxenta (collectively, the "Services").

By accessing or using the Services you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Definitions

"User"

Any person or entity that uses or accesses the Services.

"User Content"

Any content, data, information, files, messages, text, images, or other materials uploaded, submitted, or transmitted by a User through the Services.

"Account"

An account created by a User to access certain features of the Services, secured by a username and password or third-party authentication.

3. Acceptance of Terms

By creating an Account, accessing or using any part of the Services, you represent that you have the legal capacity to enter into these Terms and that you are at least 13 years old (or the minimum age required in your jurisdiction). If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent you have authority to bind it.

4. Changes to Terms

We may modify these Terms from time to time. When we make material changes, we will provide notice by posting a prominent notice on the Site or by sending you an email. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

5. Accounts and Registration

1. Registration information. You agree to provide accurate, current, and complete information when creating an Account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your Account.
2. Security. You must notify us promptly of any unauthorized use of your Account or any other security breach. We are not responsible for any loss or damage arising from your failure to comply with this requirement.
3. Account termination. We reserve the right to suspend or terminate Accounts, or refuse access to the Services, for any reason, at our discretion and without liability.

6. User Conduct

When using the Services, you agree not to:

• Violate any applicable law, regulation, or these Terms.
• Use the Services for any unlawful purpose or in a manner that could damage, disable, overburden, or impair the Services.
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or networks connected to the Services.
• Transmit viruses, malware, or other malicious code.
• Collect or store personal data about other Users without their consent.

7. Intellectual Property

The Services and their original content, features and functionality are and will remain the exclusive property of Lyxenta and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

No right, title or interest in or to the Services or any content on the Site is transferred to you, unless expressly stated. You agree not to copy, modify, create derivative works from, or exploit any part of the Services without our express written permission.

8. User Content

You retain ownership of any User Content you submit. By submitting User Content to the Services you grant Lyxenta a worldwide, non-exclusive, royalty-free, transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, and distribute such User Content for the purpose of operating and improving the Services, and providing the features described herein.

You represent and warrant that you own or control all rights in and to your User Content and that the submission of your User Content does not violate these Terms or any applicable law.

9. Payment, Subscriptions & Refunds

Certain features of the Services may be offered for a fee or on a subscription basis. By subscribing to a paid tier (a "Paid Account"), you agree to the pricing, payment terms and billing cycles presented at the time of purchase.

1. Billing. Payments are processed through our third-party payment processors. You agree to provide accurate payment information and to pay all fees when due.
2. Refunds. Refunds, if any, will be granted in accordance with our refund policy as posted on the Site. Unless explicitly stated, payments are non-refundable.
3. Taxes. You are responsible for all taxes associated with purchases unless we explicitly state otherwise.

10. Third-Party Services

The Services may contain integrations with third-party products, services or links to third-party websites. We do not control those third parties and are not responsible for their content or practices. Your interactions with third parties are solely between you and that third party.

11. Privacy

Our Privacy Policy explains how we collect, use and share information about you. By using the Services you agree to the terms of our Privacy Policy.

12. Disclaimers & Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LYXENTA DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or that any defects will be corrected.

13. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LYXENTA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO LYXENTA IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR, IF NO AMOUNTS WERE PAID, ONE HUNDRED DOLLARS (USD $100).

14. Indemnification

You agree to indemnify and hold harmless Lyxenta and its officers, directors, employees, agents, affiliates and successors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party right.

15. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and without notice. Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination (including, but not limited to, Intellectual Property, Limitation of Liability, Indemnification) shall survive.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Lyxenta is incorporated, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction for any disputes arising out of or relating to these Terms or the Services.

17. Miscellaneous

1. Entire agreement. These Terms constitute the entire agreement between you and Lyxenta regarding the Services.
2. No waiver. Our failure to enforce any right under these Terms will not be considered a waiver of those rights.
3. Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the extent necessary and the remaining provisions will remain in full force and effect.

18. Contact

If you have questions about these Terms, please contact us at:

Additional provisions, accessible features, and examples

Below are illustrative examples and additional clarifications to help Users understand how we apply these Terms in common scenarios. These paragraphs are intentionally broad and detailed to reduce ambiguity and provide practical guidance.

Access to beta features

From time to time we may provide access to beta or early access features. Such features are experimental and provided "as is." We may require additional agreements for participation in beta programs, and we reserve the right to terminate access to beta features at any time.

Automated tools and bots

Use of automated tools, scraping scripts, crawlers, bots or similar technologies to access, query, or interact with the Services is prohibited unless explicitly authorized by Lyxenta in writing. If you wish to integrate programmatically with Lyxenta, contact our developer relations team for information about our APIs and integration terms.

Export control

The Services may be subject to export control laws. You agree to comply with all applicable export laws and regulations. You shall not use the Services in a manner that would violate such laws or regulations.

Accessibility

Lyxenta is committed to providing reasonable access to the Services for all users. If you encounter accessibility barriers, please contact support at support@lyxenta.com.

Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant Lyxenta a perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction.

Survival

Provisions regarding payment, confidentiality, intellectual property, limitation of liability, indemnity, and dispute resolution shall survive termination or expiration of these Terms.