Terms of Service

Please carefully read these Terms of Service (the "Agreement"), as it is a legal agreement between you, an individual or legal entity as set forth in the Order Form (Lux Edge Order form) or online sign-up ("You"), and Lux Edge, a Cozens Corp Company, an Indiana corporation ("Lux Edge" or "We"), regarding the use and implementation of any Lux Edge services hosted at https://luxedge.io, or sub-domains thereof, including but not limited to Monetized Ads or Lux Edge or Monetize Lux (collectively, the "Services" or individually, a "Service").

By clicking the "I Agree," or similarly labeled button, or by using the Services, You agree to abide by this Agreement. If You do not agree to this Agreement, then do not indicate acceptance and do not use the Services. If You are an individual, You acknowledge that You are of least 18 years of age. If You agree to this Agreement on behalf of a legal entity, your agreement or use represent that You have authority to bind that legal entity to this Agreement. Accounts registered by "bots" or other automated methods are not permitted and will be immediately deactivated without notice.

Product And Service Descriptions

Lux is an ad-decisioning software platform and yield-optimization tool — a hosted B2B ad-decisioning and data-routing technology service that processes real-time contextual ad signals. Lux is not a lead generator, a broker, or a loan-matching service, and does not originate, underwrite, or arrange credit. Operationally, it is a real-time decisioning platform that connects businesses operating consumer-facing websites ("Sellers," also called "Publishers") with entities that wish to acquire consumer traffic and clicks ("Buyers," also called "Advertisers"). When a consumer on a Seller's website does not meet that Seller's internal marketing-qualification criteria — for example, a declined or non-converting applicant on a debt-settlement or personal-loan page — the Seller's page calls the Lux decisioning service, and Lux's proprietary machine-learning algorithm selects and ranks, from the pool of eligible, licensed, Seller-approved Buyer offers, the slate of offers displayed to that consumer for that impression. A consumer who clicks an offer is sent to the Buyer's own destination page (generating linkout traffic for the Buyer); any regulated downstream activity — consent collection, credit inquiries, telephone contact — occurs there, under the Buyer's own policies and compliance obligations, not on Lux. Around this loop, Lux provides both parties the operating tools: a deployable tag for Seller properties; offer, bid, and campaign management for Buyers; impression, click, and conversion tracking keyed to a unique impression identifier; deduplicated (exactly-once) billing of billable events, with billable amounts derived from the bid snapshot recorded at the time of the impression; machine-learning decisioning that improves from outcomes at the cohort level; and performance reporting for each side. Consumers are not parties to this Agreement and do not hold Lux accounts; the direct consumer relationship, and the consumer's directly identifying information, remain with the Seller or the Buyer.

Lux Edge does not control what information is requested from a site visitor in a contact request form. Accordingly, Lux Edge specifically disclaims any liability with respect to such information or its compliance or non-compliance with applicable laws and regulations, including the Telephone Consumer Protection Act or any rule or regulation implemented thereunder by the Federal Trade Commission, Federal Communication Commission, or other regulatory body.

Definitions

"Account" means Your password-protected Lux Edge account through which You use Lux Edge's Services. An Account represents the legal entity using the Services.

"Lux Edge Technology" means certain technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information owned or licensed by Lux Edge. This includes, but is not limited to, the Services.

Contextual training. Lux Edge uses de-identified contextual metadata and aggregate performance metrics — coarse attribute bands and outcomes carrying no consumer identifier — to train and improve the routing and decisioning algorithms that operate the Services, including across Sellers. No consumer identifier enters that training, and no identifier permits a consumer to be linked across Sellers. Geographic state is used solely as a pre-ranking licensing gate and is not an optimization input; Seller identity may partition populations but is not itself an optimization input.

"Derived Data" means any data, records, or materials generated, derived, observed, or created by or through the Services in connection with the processing, selection, display, ranking, sequencing, or outcome of offers, advertisements, bids, or Billable Events, including without limitation: (a) impression, click, conversion, funding, and disposition events; (b) offer-selection, position, sequencing, and bid data; (c) exploration, propensity, and decisioning logs; and (d) all de-identified, aggregated, statistical, or inferential data, and all models, algorithms, weights, parameters, embeddings, insights, analytics, and improvements derived from any of the foregoing or from Your Content and Data. Derived Data does not include Your Content and Data in the form input by You prior to any modification by the Lux Edge Technology. As between the parties, Derived Data is owned by Lux Edge as set forth in this Agreement.

"Affiliate" means any legal entity that controls, is controlled by, or is under common control with You. "Control" means the direct or indirect ownership of more than fifty percent (50%) of the voting securities of an entity or possession of the right to vote more than fifty percent (50%) of the voting interest in the ordinary direction of the entity's affairs.

"CCPA" means the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199), and any related regulations or guidance provided by the California Attorney General. Terms defined in the CCPA, including personal information and business purposes, carry the same meaning in this Agreement.

"Contracted Business Purposes" means the services described in this Agreement.

"Your Content and Data" means any electronic data, information, or material that You input into or transmit to the Services. The Services are designed to capture and retain only de-identified or pseudonymized data (for example, attribute ranges, partial geographic identifiers, and an impression-level unique identifier) and are not intended to capture or retain direct consumer identifiers or personally identifiable information ("PII"). For clarity, Your Content and Data does not include Derived Data, which is owned by Lux Edge. (⚠ CLD note: confirm against actual system behavior; if the Services retain direct identifiers for any product, revise this definition and the Data Storage section accordingly.)

"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence, under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

"Order Form" means a written document signed by You and Lux Edge, or an electronic form submitted by You and accepted by Lux Edge, which identifies the Lux Edge Service(s) You have agreed to purchase and the corresponding fees.

"Seller" (or "Publisher") means an Account holder that displays offers and advertisements on its web properties through the Services to monetize consumer traffic, including traffic that does not meet its internal marketing-qualification criteria.

"Buyer" (or "Advertiser") means an Account holder that submits offers, advertisements, and bids through the Services to acquire consumer traffic and clicks.

"Sensitive Data" is data that, if disclosed without authorization, could result in significant economic, reputational, or privacy harm to the data subject, as defined in applicable data privacy rules and regulations. Examples of Sensitive Data include, without limitation, credit card numbers, bank account numbers, social security numbers, passwords, security challenge information, sensitive health information classified as confidential under the Health Insurance Portability and Accountability Act ("HIPAA"), and drivers license numbers.

"Third-Party Services" means services, materials, and information, in any form or medium, that are not proprietary to Lux Edge, including any third-party: (a) documents, data, content or specifications; (b) software, hardware or other products, facilities, equipment or devices; and (c) accessories, components, parts or features of any of the foregoing.

"User" means the individual user login associated with an Account. You may have multiple Users within an Account, provided that all Users agree to abide by this Agreement. A User may be associated with more than one Account, but User must abide by the respective Agreement(s) governing each Account.

Your Service Limitations

You acknowledge that as part of, and included in the Services, Lux Edge uses Lux Edge Technology. Other than as expressly set forth in this Agreement, no license or other rights in the Lux Edge Technology are granted to You, and all such rights are hereby expressly reserved. You will not, directly or indirectly: (i) modify, copy, or create a derivative work of any part of the Lux Edge Technology; (ii) reverse engineer, disassemble, or decompile any of the Lux Edge Technology; (iii) disclose the results of any benchmarking of the Services without the prior written consent of Lux Edge; (iv) attempt to circumvent any usage tracking or usage limits or other use restrictions that are built into the Service.

The Services are provided solely for Your benefit and not, by implication or otherwise, to any parent, subsidiary, or affiliate. You may not pass through, license, resell, re-provision, or rent the Services (either for a fee or without charge), or allow third parties to use the Services without Lux Edge's express written consent. In addition to any other remedies available to Lux Edge, violation of this section may result in suspension, termination, or other restrictions on Your use of the Services.

You must provide Your full legal name, a valid email address of your workplace, and any other information requested in the Order Form or online sign-up to complete the signup process, as well as the website domain that Lux Edge will be facilitating the ad creation on. You will identify an administrative user name and password for Your Account. You will be solely responsible for maintaining the security of Your Account. You will immediately notify Lux Edge of any unauthorized use of the Services or any other known or suspected breach of security or compromise of Your Account credentials.

You represent and warrant that You will comply with all applicable local, state, national, and foreign laws, treaties, and regulations in connection with their use and access of the Services, including, without limitation, Federal Trade Commission implementing regulations, the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the Federal Trade Commission Act, the CAN-SPAM Act of 2003, as amended, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Federal Communications Act, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, ("GDPR"), the California Consumer Privacy Act ("CCPA"), the California Privacy Rights Act ("CPRA"), the Amended Telemarketing Sale Rule ("ATSR"), 16 CFR 310 et seq., and those governing the National Do Not Call Registry, and all rules and regulations promulgated under any of the foregoing.

You: (i) will be responsible for all activities that occur under Your Account, including but not limited to configurations made by You, or by Us at your direction, and use of Your API key by You or any other party at your direction; (ii) will have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Content and Data; (iii) will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services; (iv) will not use the Services to violate any laws or regulations or infringe the intellectual property or other rights of third parties; (v) will not transmit material that contains viruses or other harmful computer code or files in connection with Your use of the Services; (vi) will not use the Services in connection with any defamation, libel, slander, obscenity, fraud, or violation of the rights of privacy or publicity, promotion of violence, hatred, or racial or religious intolerance, or any other offensive, harassing or illegal conduct.

Although Lux Edge has no obligation to monitor Your Content and Data or Your use of the Services, Lux Edge may do so and may remove Your Content and Data and prohibit Your use of the Services that we believe, in our sole discretion, to be in violation of the foregoing.

You understand that Lux Edge uses third-party vendors and hosting partners to provide hardware, software, networking, storage, and related technology required to run the Services. You acknowledge that the Services are designed to support current, updated versions of all major Internet browsers but that some browsers or versions of browsers may not be compatible with the Services.

Technical Updates

Lux Edge may occasionally make updates or modifications to the Services ("Technical Updates"). By subscribing to the Lux Edge status page located at https://luxedge.io/status, You will receive notifications of such Technical Updates. Lux Edge will exercise reasonable efforts to provide advance notice via the status page, allowing you to test any Technical Updates prior to their release into production. Lux Edge will provide reasonable advanced notice of any Technical Update which materially inhibits Your ability to use the Services.

Data Storage, Retention & Destruction

Data storage, retention and destruction policies vary by product, as described in more detail below.

The Lux Decisioning Service: the Services are not a system of record for consumer contact records or consumer source records. The Services are designed to retain only de-identified decisioning records — coarse attributes (for example, credit-score band, debt-amount band, U.S. state, and device type), a salted pseudonymized consumer hash, the impression identifier, and impression/click/conversion events — and Lux Edge reserves the right to delete such records once they exceed the periods stated in the Lux Data Retention & Deletion Policy. Source records containing consumer identifiers remain with the party that collected them (the Seller or the Buyer); Lux Edge is not responsible for storing them.

If you need to delete an individual consumer's record from our systems, the process is to make the data subject request (DSR) by emailing pcozens.inc@gmail.com. Our support team will assist in the coordination of the data deletion request. You must provide the impression UUID or the pseudonymized consumer identifier associated with the record. We are unable to search for corresponding data using PII (such as email, name, or phone number), as the Services are designed not to retain it.

Survival of Derived Data. Notwithstanding any deletion, return, expiration, or data-subject request under this Agreement, Lux Edge may retain and continue to use Derived Data and any de-identified or aggregated data, and any models, algorithms, parameters, or aggregates previously generated, provided that such data does not identify the applicable consumer. Deletion and return obligations apply only to source records and identifiers and do not require deletion of, and expressly exclude, Derived Data.

Sensitive Data

You must not use the Services to input Sensitive Data or direct consumer identifiers. The Services enforce this at the API: submissions containing direct-identifier fields (including name, email address, telephone number, Social Security Number, and street address) are rejected for every caller, and only a per-Account allowlist of coarse, non-identifying attributes is accepted. If You collect Sensitive Data on Your own properties or systems, You do so outside the Services and under Your own compliance obligations. The following protections apply to data within the Services:

Protection of Sensitive Data in Transit:

Any Sensitive Data sent to or from any Lux Edge product or service must be transmitted via SSL connection. Lux Edge uses industry standard SSL ciphers to ensure Sensitive Data is protected while in transit.

Protection of Sensitive Data at Rest:

All data residing in a database in Your Account is encrypted at rest.

Fields formatted like Social Security Numbers ("SSN") are additionally restricted so as not to be written or stored in the Services, not written to log files, not displayed, and not exportable.

You shall not use the Services to collect Sensitive Data in field types that are not specifically marked for Sensitive Data, or in any way attempt to circumvent the security protocols described herein.

Your Content And Data; Privacy

Lux Edge does not own Your Content and Data. All Content and Data, as input into the Lux Edge Technology by You and prior to any modifications made by the Lux Edge Technology and/or Services, shall remain your property. You represent and warrant that You have the authority to collect, use, market, sell, or distribute Your Content and Data, including but not limited to consumer records You hold, in compliance with applicable law. Nothing contained in this Agreement shall be construed as granting Lux Edge the right to collect, use, market, sell, or distribute Your Content and Data, except in accordance with this Agreement. You hereby grant to Lux Edge a nonexclusive, non-transferable, royalty-free, fully pre-paid, limited license, to use Your Content and Data solely for the purpose of performing Lux Edge's obligations, or exercising Lux Edge's rights, under this Agreement.

Ownership of Derived Data. As between the parties, and regardless of whether You access the Services as a Seller or a Buyer, Lux Edge owns and shall retain all right, title, and interest in and to the Derived Data, including all Intellectual Property Rights therein. To the extent You have or acquire any right, title, or interest in any Derived Data, You hereby irrevocably and unconditionally assign the same to Lux Edge. Nothing in this Agreement transfers to You any ownership of, or right or interest in, any Derived Data.

Notwithstanding the foregoing, Lux Edge reserves the right to use Your Content and Data in a de-identified and/or aggregated form for any lawful business purpose, including without limitation developing, training, testing, operating, and improving Lux Edge's machine-learning models, algorithms, and the Services; generating and exploiting Derived Data; and providing and improving the Services for Lux Edge and its other customers. Such de-identified and/or aggregated data shall not identify You or any consumer.

You agree to abide by all applicable local, state, national, foreign, and international laws and regulations and that You will be solely responsible for all acts or omissions that occur under Your account or password, including but not limited to the content of Your transmissions through the Services.

You further represent and warrant that You are providing suitable and compliant notice and consent language prior to data collection and that Your privacy policy describes the types of personal information You collect, how You use such information, whether such information is shared with third parties, and how any third parties use such shared information. You are solely responsible for ensuring that Your privacy policy complies with all relevant legal requirements. You will not use the Lux Edge Service to: (i) collect, or attempt to collect, personal information about third parties without their knowledge and consent; (ii) collect and store account numbers from credit cards, debit cards, bank accounts, or other financial systems; (iii) collect and store U.S. Social Security Numbers or other personal identification numbers issued by other governments, except as expressly set forth in this Agreement; (iv) collect, store or otherwise handle personal information in violation of any applicable law, including without limitation the U.S. Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the U.S. Children's Online Privacy Protection Act of 1998 ("COPPA"), and implementing legislation; or (v) collect, store or otherwise handle personal information in violation of Your privacy policy.

The Services are operated from the United States and are directed to U.S. businesses and U.S. consumer traffic. Lux Edge does not currently participate in the EU-U.S. Data Privacy Framework; if You transmit personal data of EU, UK, or Swiss residents to the Services, You must first enter into a data processing agreement with Lux Edge providing appropriate safeguards. [CLD note: the prior draft claimed a DPF self-certification Lux does not hold — CONFIRM cross-border posture with counsel.]

Lux Edge's CCPA Obligations: (i) Lux Edge will only collect, use, retain, or disclose personal information for the Contracted Business Purposes for which You provide or permit personal information access; (ii) Lux Edge will not collect, use, retain, disclose, sell, or otherwise make personal information available for Lux Edge's own commercial purposes or in a way that does not comply with the CCPA. If a law requires Lux Edge to disclose personal information for a purpose unrelated to the Contracted Business Purpose, Lux Edge must first inform You of the legal requirement and give You an opportunity to object or challenge the requirement, unless the law prohibits such notice; (iii) Lux Edge will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes or another compatible operational purpose; (iv) Lux Edge must promptly comply with Your request or instruction requiring Lux Edge to provide, amend, transfer, or delete the personal information, or to stop, mitigate, or remedy any unauthorized processing; and (v) Lux Edge will contractually require You, when implementing the Services on a consumer-facing web form, to provide a CCPA-compliant notice to consumers that addresses data use and collection methods. Lux Edge will reasonably cooperate and assist You with meeting Your CCPA compliance obligations and responding to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account the nature of Lux Edge's processing and the information available to Lux Edge. Lux Edge must notify You immediately if it receives any complaint, notice, or communication that directly or indirectly relates to either party's compliance with the CCPA. Specifically, Lux Edge must notify You within 20 working days if it receives a verifiable consumer request under the CCPA.

CCPA Warranties and Certification: Both parties will comply with all applicable requirements of the CCPA when collecting, using, retaining, or disclosing personal information. Lux Edge certifies that it understands this Agreement and the CCPA's restrictions and prohibitions on selling personal information and retaining, using, or disclosing personal information outside of the parties' direct business relationship, and it will comply with them. Lux Edge warrants that it has no reason to believe any CCPA requirements or restrictions prevent it from providing any of the Contracted Business Purposes or otherwise performing under this Agreement. Lux Edge must promptly notify You of any changes to the CCPA's requirements that may adversely affect its performance under the Agreement.

Intellectual Property Ownership

You acknowledge and agree that: (i) the Services and Lux Edge Technology are licensed, not sold, to You by Lux Edge and You do not and will not have or acquire under or in connection with this Agreement any ownership interest in the Services or the Lux Edge Technology, or in any related Intellectual Property Rights; (ii) Lux Edge and its licensor(s) are and will remain the sole and exclusive owners of all right, title, and interest in and to the Services and the Lux Edge Technology, including all Intellectual Property Rights relating thereto, subject only to the rights of third parties in open-source components and the limited license granted to You under this Agreement; and (iii) You hereby unconditionally and irrevocably assign to Lux Edge, your entire right, title, and interest in and to any Intellectual Property Rights that You may now or hereafter have in or relating to the Services or the Lux Edge Technology (including any rights in derivative works or patent improvements relating to either of them), whether held or acquired by operation of law, contract, assignment or otherwise.

For the avoidance of doubt, the Services and the Lux Edge Technology include, and Lux Edge owns, all Derived Data and all Intellectual Property Rights therein, as further set forth in the section titled "Your Content and Data; Privacy."

Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any Intellectual Property Rights or other right, title, or interest in or to any of the Services or the Lux Edge Technology.

Duty To Maintain Confidential Information And Trade Secrets

During the Term of this Agreement, either party may disclose (the "Disclosing Party") certain proprietary information to the other party (the "Receiving Party"), including but not limited to, information relating to the Disclosing Party's business, products, processes, pricing, customer profiles, methods of operations, and confidential or proprietary or that a reasonable party would understand to be confidential or proprietary ("Confidential Information"). The Receiving Party shall not use, disclose, or cause or permit to be disclosed, any of the Disclosing Party's Confidential Information to any individual or entity other than the Receiving Party without the prior written consent of the Disclosing Party. The following exceptions apply and are not subject to the confidentiality requirements herein: (i) information that is or becomes generally available to the public; (ii) information that was in the Receiving Party's possession or known by it before receipt from the Disclosing Party; (iii) information that was rightfully disclosed to the Receiving Party without restriction by a third party; (iv) information that was independently developed without use of any Confidential Information of the Disclosing Party; and (v) information which is required to be disclosed by law or governmental regulation. Your API key shall be considered Confidential Information as defined herein.

If, at any time, You are made aware or become aware of any information which may be considered a trade secret pursuant to 18 U.S.C. § 1836, et seq. (the "Defend Trade Secrets Act of 2016"), such information shall be deemed Confidential Information and proprietary to Lux Edge and subject to the confidentiality restrictions set forth above.

Payment Terms; Taxes

You agree to pay all fees as specified in your Lux Edge Account and/or your self-service Account. Payments shall be remitted via Automated Clearing House (ACH) transfer or bank wire transfer in accordance with the instructions provided on the applicable invoice. Elective automatic ACH debiting ("Autopay") may be configured via the Services upon mutual agreement on the Order Form; where You elect Autopay on an Order Form, the following paragraph applies. You shall remain obligated to make all payments due, which shall commence and accrue at the creation of your Lux Edge Account. Failure to remit payment in accordance with this Agreement will result in suspension of Services.

Where You have elected Autopay and provided bank account information, You authorize Lux Edge to debit such bank account for the Services listed in the Order Form for the initial term and any renewal terms. Fees shall be charged in advance, either monthly or in accordance with any different billing frequency stated in the applicable Order Form. Unless specified otherwise in the Order Form, we will invoice You in advance for all regularly recurring fees, such as subscription fees, and we will invoice You in arrears for all usage-based fees. At each Renewal Term, We may raise our subscription fees and usage-based fees no more than 5% over the previous Term. You will provide such information to us as reasonably required to determine whether we are obligated to collect any taxes from You. Fees do not include any foreign, federal, state, or local sales, use, or other similar taxes, however designated, levied on the Services.

Any amount owed by You which is not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum) or the maximum amount allowable by law, whichever is less, calculated on a calendar-day basis. You shall pay Lux Edge's reasonable costs and expenses (including reasonable attorneys' fees) to enforce its rights under this Agreement. You must notify Lux Edge in writing of any dispute of fees (along with substantiating documentation and a reasonably detailed description of the dispute) within fifteen (15) calendar days following the date of invoicing, or your right to dispute such fees is forever waived. All amounts payable to Lux Edge under this Agreement shall be paid by You in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law). The parties shall seek to resolve any disputes expeditiously and in good faith.

For self-service accounts, Lux Edge does not provide a refund of any monthly minimum payments already made if You cancel or terminate Your account; however, You will receive a refund of any balance contained in your account wallet as of the time of cancellation of Your self-service account.

Term And Termination

The term of this Agreement (the "Term") will commence as of the Contract Start Date indicated on the Order Form, or the earlier of: (i) the date You click I AGREE (or similarly labeled button) when signing up online; (ii) the date You begin using the Services; or (iii) the date you sign the Order Form and the Services are made available to You. The Term will remain in effect until terminated by either You or Lux Edge. Lux Edge reserves the right to change, limit, or modify the Services with or without prior notice. Lux Edge reserves the right to terminate or permanently cease providing the Services, with 30 days' prior notice. Notwithstanding the foregoing, if Lux Edge suspects (within its sole and reasonable discretion) that Your account has been used to conduct fraudulent or unlawful activity or in violation of this Agreement, Lux Edge reserves the right to terminate your account and access to the Services immediately and without prior notice. All of Your Content and Data may be immediately deleted from Lux Edge's system upon termination of this Agreement; provided that Lux Edge may retain and continue to use Derived Data and de-identified and/or aggregated data as set forth in this Agreement.

At any time, you may ask Lux Edge to temporarily pause your Account and any related Services. Lux Edge may approve this temporary pause for up to 3 months in its sole and reasonable discretion. Any pause on Your Account shall be subject to a monthly fee of \$500 (the "Account Retention Fee"). Payment of the Account Retention Fee does not relieve You of any payment obligations during the Term, as set forth in Your Order Form or other agreement with Lux Edge. You may contact Lux Edge to reinstate Your Account and Services at any time.

Security Measures

Lux Edge maintains industry-standard security measures, including TLS encryption of data in transit, encryption of data at rest, deny-by-default API authentication with per-Account keys, secret-managed credentials, and pseudonymization of consumer identifiers. Lux Edge data is hosted with established cloud infrastructure providers (currently including Render and DigitalOcean) that maintain their own independent security attestations (e.g., SOC 2). [CLD note: Lux Edge does not itself hold a SOC 2 attestation today — do not claim one; update this section if and when a certification is obtained.] However, You acknowledge and agree that no security measure is perfect or impenetrable, and Lux Edge will not be held liable for unauthorized access to our servers or databases. Therefore, Lux Edge cannot and does not guarantee that Your Content and Data will not be accessed by unauthorized persons.

Two-Factor Authentication ("2FA" or "MFA"): Where available, Lux Edge supports 2FA on Account logins, and You may request that 2FA be required for all Users in Your Account by contacting pcozens.inc@gmail.com. [CLD note: CONFIRM current 2FA availability before execution.]

Publicity

We may identify You as an Lux Edge customer in our promotional materials, including Your Company name and logo. You may request that we stop doing so by submitting an email to pcozens.inc@gmail.com at any time. Please note that it may take us up to 30 days to process Your request.

Periodic Revisions To This Agreement

Lux Edge reserves the right to update and modify this Agreement from time to time. Any new features that modify the Services, including the release of new tools and resources, shall be subject to this Agreement. Your continued use of the Services after any such revisions or modifications means that You consent and agree to such changes. You agree to visit https://luxedge.io/legal/tos periodically to review the most current version of this Agreement.

Notices

Notices required under this Agreement by You must be provided in writing to Lux Edge at 10717 Lawler St, Apt 302, Los Angeles, CA 90034, Attention: President, with a copy to the same address to the Attention of General Counsel, or by email to pcozens.inc@gmail.com. Notice by Lux Edge to You shall be deemed given when posted to the Lux Edge Status page located at https://luxedge.io/status or transmitted to the email address You used to create Your Account. If You send us an email, You agree that the User ID and alias contained in the email are legally sufficient to verify You as the sender.

Governing Law, Venue

THE PARTIES AGREE THAT THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING ITS CONFLICTS OF LAWS RULES, WILL BE APPLIED TO GOVERN, CONSTRUE, AND ENFORCE ALL OF THE RIGHTS AND DUTIES OF THE PARTIES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT. THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SACRAMENTO COUNTY, CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.

Mutual Indemnification

Indemnification by Us: We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of the Lux Edge Service in accordance with this Agreement infringes or misappropriates such third party's intellectual property rights (a "Claim Against You"), and will indemnify You from any damages, attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our expense. If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Services so that it no longer infringes or misappropriates, (ii) obtain a license for Your continued use of that Service in accordance with this Agreement, or (iii) terminate Your subscriptions for that Service upon 30 days' written notice and refund You any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Your Content and Data, Third-Party Services, or Your breach of this Agreement.

Indemnification by You: You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Content and Data, or Your use of any Service or Content and Data in breach of this Agreement, infringes or misappropriates such third party's intellectual property rights or violates applicable law (a "Claim Against Us"), and will indemnify Us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.

Exclusive Remedy: This Section ("MUTUAL INDEMNIFICATION") states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section.

Disclaimers; Limitation Of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, LUX EDGE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "LUX EDGE PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS, AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY LUX EDGE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE OR INFORMATION PROVIDED.

LUX EDGE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE CAN BE PROVIDED TO YOU OR THAT IT CAN BE ACCESSED AT YOUR LOCATION. THE AVAILABILITY OF THE SERVICES IS SUBJECT TO INTERNET AVAILABILITY AND YOUR COMPUTER OR DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.

LUX EDGE DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. LUX EDGE SHALL NOT BE LIABLE FOR LOSS OF YOUR CONTENT AND DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICES OR YOUR DATA CONTENT, OR RELIANCE ON OR PERFORMANCE OF THE SERVICES OR YOUR DATA CONTENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

IN NO EVENT WILL LUX EDGE'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU UNDER THE ORDER FORM RELATING TO THE APPLICABLE SERVICES.

General Provisions

All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to the parties' representations and warranties, indemnification, ownership of Derived Data, and limitation of liability, shall survive such termination.

Neither party will be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.

You may not assign or otherwise transfer this Agreement, or Your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. Lux Edge may freely assign all or any part of this Agreement with or without notice.

Lux Edge's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

This Agreement is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Last Update: [Draft — CLD revision, June 2026]