Terms of Service

Last Updated: November 2024

These Terms of Service (“Terms”) apply to your access to and use of the websites, applications, and other products and services, including email services, trainings, events, marketing services, review and message boards, and various other message communication applications (collectively, our “Services”) provided by Lux Bio Analytics (a DBA of Better Than Normal Health, LLC, “Lux Bio Analytics,” “we,” “us,” or “our”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms and to use our Services in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service.

If you have any questions about these Terms or our Services, please contact us at

[email protected]

.


1) Eligibility and Authority

You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.


2) Accounts; Account Security; Electronic Communications

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

By creating a Lux Bio Analytics account, you consent to receive electronic communications from Lux Bio Analytics (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.


3) Privacy

Please refer to our Privacy Policy (https://www.luxbioanalytics.com/policy) for information about how we collect, use, and disclose information about you.


4) Our Services; License

Our Services may allow you and other users to create, post, store, and share content, including but not limited to email, text or SMS messages, photos, videos, software, and other materials, and review or message boards (collectively, "Content"). Except for the license you grant below, you retain all rights in and to your Content, as between you and Lux Bio Analytics. You grant Lux Bio Analytics a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, adapt, publish, translate, distribute, and display your Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. As part of the Services, we may view, copy, and internally use Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You may not create, post, store, or share any Content that violates these Terms, including our Acceptable Use Policy, or for which you do not have all the rights necessary to grant us the license described above.

When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“Contact Data”). We view and use Contact Data only to provide Services to you, at your direction, and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows:

We may share Contact Data with our third-party service providers to provide our Services or administer the site.If any portion of Lux Bio Analytics is sold, Contact Data may be part of the business assets we transfer.Contact Data may be disclosed if Lux Bio Analytics is considering or completes the financing, securitization, insuring, sale, assignment, or other transfer of all or part of the company.We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants, or orders.We reserve the right to use, disclose, and share your information and Contact Data to investigate, prevent, or take action with respect to any potential or actual fraud, illegal activities, circumstances that threaten the physical safety of any person, violations of these Terms, or as otherwise required by law.

We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“Global Exclusion List”) so that they may no longer receive communications from our Services. If a requesting individual is a Contact in your database, we will use commercially reasonable efforts to notify you of such a request before placing that Contact on our list.


5) Prohibited Conduct

5.1) Prohibited Activities on the Services.

You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort. You are solely responsible for your conduct while accessing or using our Services. You will not:

Engage in any harassing, threatening, or predatory conduct;Impersonate any person or entity or misrepresent your affiliation with any person or entity;Access the Services by means other than through industry-accepted or Lux Bio Analytics-approved interfaces;Interfere with, disrupt, or inhibit other users from fully enjoying our Services, or damage, disable, overburden, or impair the functionality of our Services in any manner;Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

5.2) Compliance with Laws

You represent and warrant that your access to and use of the Services will comply with all applicable laws, including privacy and data protection laws, and that you have a lawful basis for processing and sending Content and communications to your Contacts.

5.3) Reporting Abuse

If you think anyone using the Services is violating any of these Terms, please notify us immediately.


6) Terms of Sale

6.1) Subscriptions

When you sign up for our Services, you agree to a recurring subscription contract with Lux Bio Analytics on a monthly, quarterly, annual, or other temporal basis that you select.

6.2) Cancellation

You may cancel your subscription at any time through your account dashboard. Unless canceled, you will continue to be charged for the Services.

6.3) One-Time Purchases

Some features of our Services may be offered as a standalone, non-subscription product.

6.4) Payment and Billing Information

By providing a credit card or other payment method, you authorize us to charge it for subscription fees and applicable taxes.


7) Limited License; Copyright and Trademark

Our Services and all content within, including logos and trademarks (collectively, the “Lux Bio Analytics Content”), are owned by or licensed to Lux Bio Analytics. You are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Lux Bio Analytics Content solely for personal use or, if you are a business, to communicate with your Contacts.


8) Third-Party Content and Services

We may display content from third parties through the Services. Lux Bio Analytics is not responsible for any third-party content or for your interactions with third parties providing content.


9) Feedback

Any feedback, questions, comments, suggestions, ideas, or other information you submit about Lux Bio Analytics or our products or Services (collectively, “Feedback”), is non-confidential and becomes the sole property of Lux Bio Analytics.


10) Publicity

You agree to be identified as a customer of Lux Bio Analytics, and we may use your name and logo for marketing purposes.


11) Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Lux Bio Analytics harmless from any claims arising from your use of our Services.


12) Disclaimers

Our Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied.


13) Limitation of Liability

Lux Bio Analytics and its affiliates are not liable for any indirect, consequential, or incidental damages arising out of or relating to these Terms.


14) Governing Law and Venue

These Terms will be governed by and construed in accordance with the laws of the State of Minnesota.


15) Changes to these Terms

We may change these Terms from time to time, and any changes will become effective upon posting.


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