Terms of Service • LuqEE

These Terms of Service (the “Terms”) govern your use of the LuqEE service offered by LuqEE Technologies, Inc. (“LuqEE”, “we”, or “us”), including the LuqEE application (the “App”) and any other applications, features, and resources offered by LuqEE through traditional Internet websites, mobile devices or third-party social media platforms (all of which are collectively referred to as the “LuqEE Service” or “Service”). Please read these Terms carefully. By using the LuqEE Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the LuqEE Service.

Your use of certain parts of the Service may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that part of the Service. By using that part of the Service, you agree to the Additional Terms.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and LuqEE are resolved, including an agreement to arbitrate, which will require you to submit claims you have against us to binding and final arbitration and limit you to asserting claims against LuqEE on an individual basis.

Our Privacy Policy explains how we collect, use, and disclose information about you and is incorporated by this reference in these Terms.

The Service is not intended for children under 18 years of age. If you are under 18 years of age, you may not use the LuqEE Service. By using the Service, you affirm that you have the legal right to form a binding Agreement with us.

1. Your Responsibilities; Acknowledgement of Risks.

The LuqEE Service provides computing resources that enable access to cryptocurrency mining power and the opportunity to earn mining rewards (“Rewards”). LuqEE provides access to only to these computing resources. Any Rewards potentially generated through the use of Mining Power are the result of independent blockchain network operations and are not sold, issued, or controlled by LuqEE. By using the Service, you acknowledge that LuqEE does NOT:

sell, exchange, broker, transfer, or custody cryptocurrency;
provide investment products or financial services; or
guarantee mining outcomes, Rewards, or profitability.

In order to access most features of the LuqEE Service, you must register to become a member. You agree to: (a) provide true, accurate, current and complete information when prompted (e.g., at registration) including your public facing crypto wallet address for direct receipt of any earned Rewards; (b) maintain and update such information so that it is true, accurate, current, and complete at all times; and (c) pay all applicable fees. You are responsible for obtaining and maintaining all equipment and services (e.g., mobile phone and wireless service) needed in order to access and use the LuqEE Service and for paying all related charges. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN CREDENTIALS, YOUR PRIVATE WALLET INFORMATION, AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. LUQEE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM INACCURACY OF ANY INFORMATION YOU PROVIDE TO US OR FOR YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR INFORMATION OR FOR ANY ACTIONS OCCURRING UNDER YOUR CREDENTIALS.

You agree not to transfer or resell your use of or access to the Service to any third party.

In addition, you may not use the LuqEE Service to:

violate any local, state, national or international law or regulation;
knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
defeat or interfere with any security feature of the LuqEE Service, or attempt to do so;
impersonate any person or entity, or otherwise misrepresent your affiliation with any other person or entity;
interfere with or disrupt the LuqEE Service or servers or networks connected to the LuqEE Service, or disobey any requirements, procedures, policies or regulations of networks connected to the LuqEE Service; or
alter or modify any content or component of the LuqEE Service, other than content you have uploaded or modified using the LuqEE Service.

You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the LuqEE Service. Notwithstanding the foregoing, LuqEE may allow operators of public search engines to use spiders to index materials from the LuqEE Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LuqEE reserves the right to revoke these exceptions either generally or in specific cases.

YOU ACKNOWLEDGE THAT LUQEE DOES NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE AND THAT LUQEE HAS NOT PROVIDED AND WILL NOT PROVIDE ANY ADVICE, GUIDANCE, OR RECOMMENDATIONS TO YOU REGARDING THE AVAILABILITY OR VALUE OF ANY ASSETS OR REWARDS.

YOU FURTHER ACKNOWLEDGE THAT: (i) DIGITAL ASSETS ARE NOT LEGAL TENDER; (ii) LEGISLATIVE AND REGULATORY CHANGES OR ACTIONS AT THE STATE, FEDERAL, OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE VALUE OF DIGITAL ASSETS; (iii) THE PRICE OF DIGITAL ASSETS RELATIVE TO FIAT CURRENCY MAY BE VOLATILE AND UNPREDICTABLE AND MAY RESULT IN SIGNIFICANT LOSS OF VALUE OVER A SHORT PERIOD OF TIME; AND (iv) TECHNOLOGICAL ISSUES MAY AFFECT THE AVAILABILITY OF MINING POWER AND REWARDS.

2. Payment Terms.

If you subscribe to the Service, you will be charged in accordance with the Pricing Schedule for the subscription plan you select (the “Pricing Schedule”). LuqEE may modify the fees and the Pricing Schedule from time-to-time). Your continued use of the Service following notice of a change to the fees or Pricing Schedule will constitute your acceptance of such modifications.

You may be required to provide valid credit card information to our payment processor. You agree to keep your credit card information up to date.

All charges shall be in U.S. Dollars. Except where prohibited by applicable law, all payments are non-refundable (including if this Agreement terminates).

Unused Mining Power has no cash or any redemption or exchange value.

3. Text Messaging Program Terms

Program Name: LuqEE Alerts & Notifications

Program Description: By opting in, you agree to receive transactional, account-related, security, and service notification text messages from LuqEE Technologies, Inc. (“LuqEE”), including messages related to account activity, authentication, subscription status, service updates, and important operational notices.

Message Frequency: Message frequency may vary based on your account activity and service usage.

Message and Data Rates: Message and data rates may apply. Check with your mobile carrier for details.

Opt-In Consent: You will only receive text messages from LuqEE if you have explicitly opted in through the LuqEE Service or another authorized opt-in mechanism. Consent to receive text messages is not a condition of purchasing any goods or services unless expressly disclosed at the time of opt-in.

HELP and STOP Instructions: You may opt out of receiving text messages at any time by replying STOP to any message. For help, reply HELP or contact us at support@luqee.net.

Carrier Disclaimer: Carriers are not liable for any delayed or undelivered messages.

Your participation in the LuqEE text messaging program is subject to our Privacy Policy, available at: https://luqee.net/privacy

4. License Grant; Restrictions; Ownership of LuqEE’s Content.

Subject to these Terms, you may download the App and access and use the LuqEE Service for your own personal use. You agree not to (a) use or authorize use of the App, the LuqEE Service, or any information obtained via the LuqEE Service, for any unauthorized purpose, including, without limitation, for the purpose of offering services to third parties that are competitive to the LuqEE Service; (b) copy, transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau, arbitrage or other unauthorized purposes the App, the LuqEE Service, or any portion thereof; or (c) modify, prepare derivative works of, translate, reverse engineer, reverse compile, disassemble the App, the LuqEE Service, or any portion thereof, or attempt to do any of the foregoing.

The content on the LuqEE Service, including without limitation, photos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the LuqEE and LuqEE word marks, as well as certain other of the names, logos and materials displayed on or through the LuqEE Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or licensed to LuqEE and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws. You agree not to copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer, or exploit for any purposes the App or the LuqEE Service or any portion of the LuqEE Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise intended or authorized by LuqEE and its licensors.

You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with or circumvent any copyright, trademark, logo, or other proprietary notice, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.

5. Feedback.

You agree that LuqEE is free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), that you may provide about the App or the Service including Feedback that you send to us. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that LuqEE has no duties to you (including any duty to compensate you for your Feedback) with respect to such Feedback.

6. Termination.

By You. You may terminate your use of the Service at any time.

To cancel your paid subscription:

If you subscribed through an Apple device, you must cancel through Apple. Deleting your account will not end your subscription or remove your profile, and you will continue to accrue charges and your profile may still be viewed by others using the Service. Visit https://support.apple.com/en-us/118428 for more information on how to request a refund or cancel your subscription.

If you subscribed through an Android device, you must cancel through Google Play. Visit https://support.google.com/googleplay/answer/7018481 for more information on how to cancel your subscription.

If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

By Us. We may terminate your access to the Service at any time for any reason.

We may suspend your access to the Service, in our sole discretion, in the event that we reasonably believe that you or anyone using the Service through your account is engaged in (a) any activity that may harm the Service or LuqEE’s ability to operate and maintain the Service; or (b) any fraudulent or illegal activity or any activity that could result in legal liability or reputational harm to LuqEE. Any such suspension may continue until the event causing such suspension has been cured or until LuqEE has received satisfactory assurances that such event will not recur.

7. Modifications to LuqEE Service.

LuqEE reserves the right to modify or discontinue the LuqEE Service with or without notice to you. LuqEE shall not be liable to you or any third party should LuqEE exercise its right to modify or discontinue the LuqEE Service.

8. Third-Party Links and Services.

The LuqEE Service may contain links to third-party websites and platforms, images, videos, or other Internet resources that are not owned or controlled by LuqEE (“Third-Party Materials”). LuqEE’s provision of a link to any Third-Party Materials is for your convenience only.

LUQEE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY, INCLUDING FOR ANY THIRD-PARTY MATERIALS.

9. Disclaimer of Warranties.

YOU AGREE THAT USE OF THE LUQEE SERVICE AND RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS AT YOUR SOLE RISK. THE LUQEE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LUQEE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LUQEE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

WITHOUT LIMITING THE FOREGOING, LUQEE DOES NOT REPRESENT OR WARRANT THAT YOU WILL EARN REWARDS. LUQEE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE VALUE OF DIGITAL ASSETS OR THE SECURITY OR PERFORMANCE OF ANY RELATED NETWORK OR PROTOCOL.

LuqEE and its affiliates make no warranties or representations that the Service will meet your requirements.

LuqEE and its affiliates make no warranties or representations about the accuracy or completeness of content available on or through the LuqEE Service or the content of any websites linked to the LuqEE Service and assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the LuqEE Service; (c) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (d) interruption or cessation of transmission to or from the LuqEE Service; (e) bugs, viruses, malware, or the like which may be transmitted to or through the LuqEE Service by any third party; and/or (f) loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the LuqEE Service.

10. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LUQEE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE LUQEE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LUQEE’S (INCLUDING ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS) TOTAL LIABILITY TO YOU EXCEED IN AGGREGATE THE SUBSCRIPTION FEES PAID BY YOU DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.

11. Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent LuqEE may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of LuqEE’s liability shall be the minimum permitted under such applicable law.

12. Indemnification.

You agree to indemnify, defend, and hold harmless LuqEE, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) your use of the LuqEE Service; (b) your violation of these Terms or any Additional Terms; or (c) the violation of any rights of any other person or entity, including, without limitation, any intellectual property rights or other personal or proprietary rights, by you (or anyone using any of your accounts). LuqEE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LuqEE in asserting any available defenses.

13. Choice of Law; Dispute Resolution; Arbitration.

These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the App or the Service, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this section.

Any Dispute that is not resolved through informal means after using good faith efforts to do so, shall be resolved exclusively through binding arbitration in accordance with this paragraph. An arbitration shall be initiated and conducted according to the JAMS/Endispute provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. If the filing fee for the arbitration exceeds the cost of filing a lawsuit, LuqEE will pay the additional cost. Any arbitration shall be conducted in Los Angeles County, California. If your access to arbitration is precluded by the location of the arbitration, you and LuqEE will agree on another location. All arbitrations shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. No Disputes may be arbitrated on a class or representative basis. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

14. International Use.

We do not represent or warrant that the LuqEE Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the LuqEE Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the availability of LuqEE Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

15. Miscellaneous.

These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and LuqEE and govern your use of the LuqEE Service. Except as expressly provided in these Terms, all notices shall be given in writing, in the English language, and shall be deemed given when personally delivered or when sent by email or three days after being sent by prepaid certified mail or nationally recognized overnight courier to the addresses set forth on the Order Form (for notice to LuqEE via email at: info@luqee.net). The failure of LuqEE to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.

16. Modifications to Terms.

LuqEE may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to LuqEE upon registration. Your continued use of the Service following any changes to the Terms or the Privacy Policy, will constitute your agreement to be bound by such changes. If you object to any such changes, your only recourse will be to stop using the LuqEE Service.

17. App Store Providers.

This Section applies if you are using the App from the Apple App Store or Google Play (an “App Store Provider”). You acknowledge and agree that these Terms of Service are solely between you and LuqEE, not an App Store Provider, and that App Store Provider has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Provider’s applicable terms of use. You acknowledge that App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, App Store Provider will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. App Store Provider is not responsible for addressing any claims of yours or any third party relating to the Apps.