Privacy policy

Loxx Boxx Inc.

Terms of Service

 

Last Revised: May 1, 2026

 

Welcome to Loxx Boxx! Loxx Boxx is storage and receiving solution allowing for more secure package acceptance.

 

The Services (as defined in Section 1 below) are copyrighted works belonging to Loxx Boxx Inc. (“Loxx Boxx”, “us”, “our”, and “we”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into the Terms.

 

THE TERMS OF SERVICE (TOGETHER WITH ALL OTHER TERMS, CONDITIONS AND POLICIES PROVIDED ON OR THROUGH THE SERVICES, AS DEFINED BELOW, COLLECTIVELY, THE “TERMS”) SET FORTH BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THE TERMS AND CONSENTING TO LOXX BOXX’S PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN OUR PRIVACY POLICY, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).

 

YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU ARE NOT AT LEAST 18 YEARS OLD, DO NOT ACCESS OR USE THE SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS OR USE THE SERVICE.

 

THE TERMS REQUIRE THE USE OF ARBITRATION (SEE BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE

 

 

1.        Definitions

1.1.    “App” means the Boxxie mobile application and any other Loxx Boxx mobile, web, or connected-device software.

1.2.    “Authorized Users” means any individual you permit to access your Product, App, or Subscription Services, including household members, employees, delivery drivers, contractors, or property occupants.

1.3.    “Business User” means any User who purchases or uses the Services on behalf of a business entity for commercial, business, or multi-unit residential purposes.

1.4.    “Content” means any text, information, graphics, photographs, audio, video, data, codes, settings, configurations, and other materials made available through the Services.

1.5.    “Eligibility Criteria” consist of the following: being at least 18 years old and legally able to enter into a binding contract, agreeing to be bound by and being and remaining in compliance with all of the Terms, and consenting to our processing of your Personal Data as described in our Privacy Policy.

1.6.    “Product” means a Loxx Boxx smart package lock box, parcel locker, accessories, replacement parts, power components, solar panel, mounting hardware, cooler bags, ice packs, signage, and other physical products sold or supplied by Loxx Boxx.

1.7.    “Services” means the Site, App, Subscription Services, connected-device services, account services, subscriptions, customer support, content, communications, software, firmware updates, delivery-management tools, access-code tools, notification services, temperature-monitoring features, tamper-alert features, pickup-support features, and all related services provided by or on behalf of Loxx Boxx.

1.8.    “Site” means our website located at https://loxxboxx.com/.

1.9.    “Submitted Content” means any and all Content uploaded, submitted, or transmitted by you through the Services, including without limitation delivery instructions, photographs, access logs, and configuration data.

1.10.“Subscription Services” means paid or free recurring Services plans, including app access, ad-supported access, ad-free Wi-Fi access, LTE/cellular access, account services, connected-device services, or other recurring Services features.

1.11.“User” means anyone who accesses or uses any of the Services.

 

2.         Access to the Service

2.1.    Description of Services. Loxx Boxx provides a flexible, secure package-protection lock box ecosystem designed for residential homeowners, small businesses, multi-unit properties, and property developers. The Services may include, without limitation: (a) the sale of Loxx Boxx hardware Products and accessories; (b) a mobile and web App that enables you to configure, monitor, and manage your Product; and (c) optional Subscription Services such as cloud-based access logging, notifications, multi-user management, integration with third-party delivery carriers, and extended monitoring features.

2.2.    Eligibility. To be eligible to use the Services, create an Account, purchase Products, enroll in Subscription Services or otherwise use the Services, you must meet the Eligibility Criteria. You may not use or access the Services if you do not meet the Eligibility Criteria or if you are otherwise prohibited from using the Services under applicable law.

If you use the Services on behalf of a business, developer, rental community, property owner, homeowners association, or other organization, you represent and warrant that you have the authority to accept these Terms on that organization’s behalf.

2.3.    License. Subject to the Terms, Loxx Boxx grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to: (a) download and install the App on devices you own or control; and (b) access and use the Services solely for your personal, non-commercial use, or, in the case of Business Users, in accordance with the additional terms in Section 13. You receive no other license, express or implied. All rights not expressly granted are reserved.

2.4.    Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you may not modify, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you may not access the Services in order to build a similar or competitive website, product, or service; (e) you may not remove, alter, or obscure any proprietary notices; (d) you may not use the Services to transmit unlawful, infringing, or harmful material; (f) interfere with or disrupt the Services or any related servers or networks; (g) you may not use any data mining, scraping, robot, or similar tool to access the Services; (h) you may not attempt to bypass any access, security, or authentication mechanism; and (i) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to the Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Service) must be retained on all copies thereof.

2.5.    Modification. Loxx Boxx reserves the right to modify, suspend, or discontinue any portion of the Services, in whole or in part, at any time, with or without notice. Loxx Boxx is not liable to you or any third party for any modification, suspension, or discontinuance of the Services, except as expressly provided in any subscription agreement or applicable consumer-protection law.

2.6.    No Support or Maintenance. You acknowledge and agree that Loxx Boxx will have no obligation to provide you with any support or maintenance in connection with the Service.

2.7.    Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Loxx Boxx or Loxx Boxx’s suppliers. Neither the Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.3. Loxx Boxx and its suppliers reserve all rights not granted in the Terms. There are no implied licenses granted under the Terms.

 

3.        Account Creation. In order to use certain parts of the Service, you’ll need to register for an “Account” and provide us with certain information about yourself as prompted by the account registration form including but not limited to email address and a unique password. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) that your use of the Services will comply with applicable law in your jurisdiction. You may delete your Account at any time, for any reason, by following the instructions on the Service. Loxx Boxx may suspend or terminate your Account in accordance with Section 18.

3.1.    Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to: (a) provide accurate, current, and complete information during registration and keep it updated; (b) maintain the confidentiality of your password, PINs, and access credentials; (c) promptly notify Loxx Boxx of any unauthorized access to or use of your Account; and (d) accept responsibility for all activities that occur under your Account or any Authorized User you permit. Loxx Boxx is not liable for any loss or damage arising from your failure to safeguard your credentials, share access codes, or supervise Authorized Users.

3.2.    Access Codes. Some products, including Loxx Boxx package protectors, may allow you to create access codes allowing for individual access to the inside of the package protector. You are responsible for the security of those access codes and for all activities that occur as a result of your sharing access codes.

 

4.        Submitted Content and Acceptable Use Policy. 

4.1.    Submitted Content. You retain ownership of your Submitted Content. By submitting Submitted Content through the Services, you consent to our processing of your Submitted Content as disclosed in our Privacy Policy and you grant Loxx Boxx a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, distribute, display, and create derivative works of such Submitted Content for the purpose of operating, providing, improving, and promoting the Services. You represent and warrant that you have all rights necessary to grant this license and that your Submitted Content does not infringe any third-party right.

4.2.    Acceptable Use Policy:

a)        You agree not to use the Services to: (a) violate any law or third-party right; (b) impersonate any person or misrepresent your affiliation; (c) harass, threaten, or harm any person; (d) engage in fraudulent transactions or chargeback abuse; (e) use the Services to store, transport, or facilitate the delivery of illegal goods, hazardous materials, controlled substances, firearms, perishables in violation of law, or anything in violation of any carrier's terms; or (f) resell, rebrand, or commercially exploit the Services without our written authorization.

b)        Further, you agree not to (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) interfere with, disrupt, damage, disable or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (iii) interfere with, probe or attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; or (iv) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file, if any).

4.3.    Enforcement. We reserve the right (but have no obligation) to review any Submitted Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of the Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Submitted Content, terminating your Account in accordance with Section 18, and/or reporting you to law enforcement authorities.

4.4.    Feedback. If you provide Loxx Boxx with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Loxx Boxx all rights in such Feedback and agree that Loxx Boxx shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Loxx Boxx will treat any Feedback you provide to Loxx Boxx as non-confidential and non-proprietary. You agree that you will not submit to Loxx Boxx any information or ideas that you consider to be confidential or proprietary.

 

5.        Purchases through the Service.

5.1.    Orders. All Orders are offers to purchase, and no Order is binding on Loxx Boxx until we accept it, which we may do by sending an order confirmation, charging your payment method, or shipping the Product. We reserve the right to reject or cancel any Order for any lawful reason, including suspected fraud, pricing or description errors, product unavailability, or inability to verify your information.

5.2.    Prices. Prices for Products and Subscription Services are stated on the Site or App and are subject to change without notice prior to the time we accept your Order. When you make a purchase on the Service, the total price of Products may include taxes, fees, shipping or special handling costs.

5.3.    Additional Terms. Before you confirm certain transactions, you may be presented with additional terms related to that purchase (such as special shipping or license terms). Those additional terms will also govern that transaction.

5.4.    Payment Methods and Payment Authorization. We accept payments through most major credit cards and some debit cards. Loxx Boxx reserves the right to add or remove acceptable payment methods at any time. Not all accepted payment methods will be valid for all transactions. When you provide a payment method to us, you confirm that you are permitted to use that payment method. By submitting an Order through the Services, you agree to pay all charges associated with your Order, including applicable taxes, shipping, handling, and any recurring subscription fees, and you authorize Loxx Boxx and our third-party payment processors to charge your designated payment method for all such amounts. You alone are responsible for overdraft or other fees from your bank.

5.5.    Taxes. You are responsible for ensuring applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase are paid. Loxx Boxx may collect sales tax for certain U.S. jurisdictions. However, no warranty or representation is made that the amount of such collection is sufficient or complete. If you do not pay sales or other taxes or fees on a transaction, or if the amount you paid is later determined to be insufficient by the applicable authority, you will be responsible for payment of the taxes and fees determined payable on any purchase. Loxx Boxx reserves the right to collect such taxes or other fees from you at any time.

5.6.    Transactional Information Collection. You acknowledge and agree that we may contact and share information of any transactions with which you are associated with the issuer of your payment method, law enforcement, or affected third parties, if we believe doing so may prevent financial loss or a violation of law. You also acknowledge that we may use your information to the extent necessary to reset any Product that you have returned, abandoned or otherwise disposed of and have failed to reset.

5.7.    Errors. Despite our best efforts, a small number of Products on the Site or App may contain a pricing or description error. If the actual price or description of a Product is different from the price or description displayed on the Site or App, we reserve the right to cancel your Order and refund any amounts charged.

 

6.        Subscriptions.

6.1.    Subscription Billing. If you purchase a Product on a subscription basis including a minimum commitment of a certain number of months (a “Subscription Term”), and requiring recurring payments periodically (each period a “Subscription Period”), (a “Subscription”), we will bill you immediately and then again at the beginning of each Subscription Period. Subscriptions will renew automatically at the end of each Subscription Term for successive periods the shorter of one year or the length of the Subscription Term. Access to Subscriptions will not be granted until Loxx Boxx has verified the payment information you have provided and that your payment method is acceptable and your account is in good standing. Should a Product cease to be offered during a Subscription, or should you cancel your Subscription, no refund will be given for the remainder of that Subscription Period.

6.2.    Billing Authorization. If you purchase a Subscription, you grant Loxx Boxx the right to automatically charge the recurring fee for that Subscription to your chosen method of payment at the beginning of each Subscription Period. Loxx Boxx may revoke, discontinue or alter a Subscription payment option. If Loxx Boxx alters your payment option, you will be given notice and must affirmatively agree to the new payment terms in order to continue receiving your Subscription.

6.3.    Trial Periods. If a free or discounted trial period is offered and you do not cancel during the trial period, you will be billed and you agree to pay the recurring payment amount at the end of the trial period and the beginning of each subsequent Subscription Period and throughout the agreed Subscription Term.

6.4.    Auto-Renewal Notice. SUBSCRIPTION SERVICES ARE PROVIDED ON AN AUTOMATIC RENEWAL BASIS. Unless you cancel before the end of a billing period, your subscription will automatically renew for successive periods of the same length, at the then-current rates, charged to your payment method on file. We will provide any pre-renewal or cancellation notices required by applicable law (including, where applicable, California Business & Professions Code §§ 17600 et seq. and similar laws in other states).

6.5.    Duty to Update Information. You must keep your payment information current and accurate. If your payment information is not current and accurate (if your credit card expires or your billing address changes, for example), Loxx Boxx or its payment processor may reject the payment and your Subscription may be terminated.

6.6.    Cancelling Subscriptions. You may cancel the Subscription Services at any time through your Account settings or by contacting customer support at customersupport@loxxboxx.com . Cancellation will take effect at the end of the then-current billing period, and except as required by applicable law, fees already paid are non-refundable. If applicable law (including any state automatic-renewal law or the FTC Negative Option Rule) provides cancellation rights or refund obligations greater than those stated here, those rights apply to the extent required.

 

 

7.        Shipping

7.1.    Title to and risk of loss. Title and risk of loss for all Products pass to you upon delivery to the carrier at our shipping point (FOB Origin), unless otherwise required by applicable law.

7.2.    Shipping times. Shipping times and dates are estimates only and are not guaranteed. Loxx Boxx is not liable for delays caused by carriers, weather, force majeure events, or other circumstances beyond our reasonable control.

7.3.    Safe Receipt Guarantee. Notwithstanding the foregoing, Loxx Boxx offers a Safe Receipt Guarantee to certain eligible users and deliveries. Click here for more details.

 

8.        Third-Party Carriers, Delivery Drivers, And Packages

8.1.    No Carrier Affiliation. Loxx Boxx is not affiliated with, endorsed by, or acting on behalf of any postal service, package carrier, courier, or delivery platform (including but not limited to USPS, UPS, FedEx, DHL, Amazon Logistics, or any local courier). Any reference to such carriers is for compatibility or informational purposes only.

8.2.    No Custody, Bailment, or Insurance of Packages. Loxx Boxx is a hardware and software provider. Loxx Boxx never takes custody of, possesses, or assumes responsibility for any package, parcel, mail, or other item placed in, near, or attempted to be placed in any Product. No bailment, agency, or escrow relationship is created with respect to any package. Loxx Boxx does not insure, guarantee, or warrant the safe delivery, storage, condition, or contents of any package.

8.3.    Delivery Driver Conduct. Delivery drivers and couriers are independent third parties whose actions Loxx Boxx does not control. Loxx Boxx is not liable for any failure, refusal, error, negligence, theft, vandalism, or other act or omission by any delivery driver or carrier, including a driver's failure to use, properly close, or properly secure a Product.

8.4.    Package Loss, Theft, or Damage. You acknowledge and agree that no package-storage product can guarantee against theft, tampering, vandalism, weather damage, pest intrusion, fire, or other risks. Loxx Boxx is not an insurer. If your package is lost, stolen, damaged, or fails to be delivered, your remedy is with the shipper, the carrier, the seller of the goods, your homeowners or renters insurance, or other applicable third party (not Loxx Boxx) to the maximum extent permitted by law.

 

9.        Limited Hardware Warranty and Disclaimers

9.1.    Limited Warranty.

a)        Loxx Boxx warrants that, under normal use, the Products will be free from material defects in workmanship for a period of ONE (1) YEAR for steel components and THREE (3) YEARS for the electronic control panel from the date of original retail purchase (the “Warranty Period”). During the Warranty Period, Loxx Boxx will, at its option and as your sole and exclusive remedy, repair the defective Product, replace it with a new or refurbished equivalent, or refund the purchase price.

b)        Exclusions. This warranty does not cover: (a) damage caused by accident, abuse, misuse, neglect, vandalism, theft, fire, water, weather, earthquakes, pests, improper installation, or human or animal intervention of any kind; (b) cosmetic damage; (c) consumables such as batteries; (d) Products that have been modified, repaired by unauthorized parties, or had serial numbers altered or removed; (e) damage caused by use with non-Loxx Boxx accessories or software; or (f) any package, parcel, or contents stored in or near the Product.

c)        Claims. To make a warranty claim, contact customersupport@loxxboxx.com within the Warranty Period with proof of purchase. Warranty service may require return shipment at your expense.

d)        SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

 

10.    Returns

10.1.Product Returns. Unless otherwise stated at the time of purchase, and subject to Section 10.2 below, you may return unused Products in their original condition and packaging within thirty (30) days of delivery with valid proof of purchase for a refund of the Product purchase price, less any applicable restocking fee, return shipping, and original shipping and handling charges. Products that have been installed, modified, damaged, or are missing components may not be eligible for return.

10.2.RMA. To return products, you must email our Returns Department at customersupport@loxxboxx.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

10.3.Shipping Returns. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

10.4.Refund Processing. Refund requests are processed within approximately 30 business days of our receipt of your merchandise. Loxx Boxx will inspect any returned Products and notify you on the status of your refund following inspection. If a return is approved, Loxx Boxx will initiate a refund to your original method of payment.

10.5.Defective Returns. For defective returns, please refer to the limited warranty in Section 9 above.

 

11.    User Responsibility; Installation; Operation

11.1.Installation. You are solely responsible for the safety and proper installation, security, and maintenance of your Product in accordance with the instructions provided by Loxx Boxx. Improper installation can compromise security, void warranties, and is not Loxx Boxx's responsibility. We recommend professional installation for any installation requiring drilling, anchoring, or modification of structures. Loxx Boxx makes no warranties that your Product will be free from theft if you follow our installation instructions. Regardless of how your Product is installed, Loxx Boxx cannot and will not be liable for any theft of your Product.

11.2.Installation Site and Power. You are responsible for: (a) confirming that your installation site is suitable, structurally sound, and in compliance with HOA, lease, municipal, zoning, building, and other applicable rules; (b) maintaining adequate Wi-Fi, cellular, internet, and power connectivity for connected features; and (c) replacing batteries and consumable components as needed.

11.3.Access Codes and Authorized Users. You are responsible for issuing, managing, revoking, and safeguarding all access codes, PINs, mobile credentials, and shared access permissions associated with your App and Product. Loxx Boxx is not responsible for any authorized or unauthorized access, theft, or loss resulting from access codes that you have shared, posted, leaked, failed to revoke, or otherwise mismanaged.

11.4.Compliance with Laws. You agree to use the Services only for lawful purposes and in compliance with all applicable federal, state, and local laws, ordinances, rules, regulations, and any third-party rights (including HOA covenants, leases, building codes, and homeowners insurance requirements). You are responsible for confirming that delivery to a Product is consistent with your delivery contracts and the policies of your shipping carriers.

 

12.    Electronic Communications; SMS/Email Consent. By creating an Account or providing your contact information, you consent to receive electronic communications from us, including transactional emails, push notifications, and (where you opt in) SMS messages. Message and data rates may apply. Standard messaging frequency varies. You may unsubscribe from marketing communications at any time by following the instructions in those communications, but you may continue to receive transactional or service-related communications. You also consent to the use of electronic records and signatures in connection with the Services in accordance with the federal E-SIGN Act and applicable state laws.

 

13.    Business Users; Commercial And Multi-Unit Use

13.1.Authority and Authorization. If you are a Business User (including a property manager, landlord, HOA, or operator of multi-unit residential or commercial property), you represent and warrant that you have all necessary rights, authorizations, and consents to install, operate, and grant access to Products at the relevant property, including any required consents from property owners, tenants, occupants, and Authorized Users. You acknowledge and agree that you are responsible for ensuring that your Authorized Users comply with these Terms and are aware of and consent to our Privacy Policy.

13.2.Tenant and Occupant Communications. You are responsible for providing all required notices to and obtaining all required consents from tenants, residents, employees, and other Authorized Users regarding the installation, operation, monitoring, video or access logging, and data practices associated with the Services.

13.3.No Consumer Protection Limit. Business Users acknowledge that the Services are sold and licensed primarily for commercial use, and that certain consumer-protection rights and remedies may not apply. To the maximum extent permitted by law, Business Users waive any rights under consumer-protection statutes that conflict with these Terms.

 

14.    Third-Party Links & Ads. The Services may contain links to third-party websites and services or display advertisements for third parties. These “Third-Party Links & Ads” are not under our control, and we are not responsible for them. We might provide access to Third-Party Links & Ads as a convenience, but we don’t review, approve, endorse or make any promises or warranties with respect to them. You use Third-Party Links & Ads at your own risk. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should look into those policies in whatever depth you think appropriate before proceeding with any Third-Party Links & Ads.

 

15.    Release. You release and discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

15.1.Disclaimers. Except for the express limited warranty in Section 9.1 above, THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

16.    Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

16.1.Excluded Damages. IN NO EVENT WILL LOXX BOXX, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS (THE “LOXX BOXX PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, OR USE; ANY LOSS, THEFT, DAMAGE, MISDIRECTION, OR DELAY OF PACKAGES, MAIL, OR THEIR CONTENTS; ANY THEFT OF OR UNAUTHORIZED ACCESS TO THE PRODUCTS, YOUR PROPERTY, ACCOUNT, OR DATA; OR ANY PERSONAL OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF A LOXX BOXX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2.Liability Cap. THE TOTAL AGGREGATE LIABILITY OF THE LOXX BOXX PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, WILL NOT EXCEED THE GREATER OF: (I) THE AMOUNT YOU ACTUALLY PAID TO LOXX BOXX FOR THE SPECIFIC PRODUCT OR SUBSCRIPTION SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT; OR (II) ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU ALSO AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS.

16.3.Allocation of Risk. YOU AGREE THAT THE PRICING OF THE PRODUCTS AND SERVICES REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LOXX BOXX. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.4.Jurisdictional Limits. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ENFORCEABLE AGAINST YOU, THE FOREGOING WILL APPLY TO THE MAXIMUM EXTENT PERMITTED. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

17.    Indemnification. You agree to defend, indemnify, and hold harmless the Loxx Boxx Parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any law or third-party right (including any intellectual property, privacy, contractual, lease, HOA, or carrier-policy right); (d) any Submitted Content you submit or transmit; (e) your installation, use, or maintenance of any Product; (f) the acts or omissions of your Authorized Users; or (g) any package, parcel, or property placed in, near, or in connection with a Product. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

18.    Term and Termination. The Terms will remain in effect while you use the Service. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of the Terms. Upon termination of your rights under the Terms, your Account and right to access and use the Services will terminate immediately. We will not have any liability to you for any such termination of your rights. Even after your rights under the Terms are terminated, any provision that by its terms is meant to survive termination of the Terms, will remain in effect, including without limitation, Sections 1, 2.2, 2.4, 2.5, 2.6, 2.7, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, and 19.

 

19.    General

19.1.Changes. We might change the Terms sometimes. If we make bigger changes, we might notify you by e-mail to the address we have on record for your account or by posting a notice on the Service. You are responsible for providing us with your most current e-mail address. If the e-mail address we have for you is not valid or the email doesn’t reach you for any reason, our dispatch of the e-mail containing the notice is still effective notice of the changes. Any changes to the Terms will be effective upon the earlier of 30 days after the e-mail notice or 30 days after our posting of notice of the changes on the Service. Changes will be effective immediately for new users of the Service. Continued use of our Services following notice will indicate acknowledgement and agreement to be bound by the new terms and conditions.

 

19.2.Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. It contains an arbitration agreement (the “Arbitration Agreement”) between you and us. It is part of your agreement with us under the Terms and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a)              Applicability of Arbitration Agreement. You agree that all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, the Service, or any Product or Services sold, licensed or otherwise provided by Loxx Boxx that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Loxx Boxx, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b)             Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Loxx Boxx should be sent to Loxx Boxx attn.: Terms of Service Dispute at the address listed in the Contact Information Section below or such other address as may be provided by Loxx Boxx for this purpose. After the Notice is received, you and Loxx Boxx may attempt to resolve the claim or dispute informally. If you and Loxx Boxx do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c)              Arbitration. You agree that any dispute, claim or controversy arising under or relating in any way to the Terms, the Services or the Products, and not informally resolved will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by the Terms. The arbitration will be conducted by a single arbitrator and may be conducted remotely.

The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.

The party filing a claim or counterclaim in the arbitration proceeding must pay the deposit(s) determined by NAM with respect to such claim or counterclaim.

All other costs associated with the arbitration must be paid as determined by the arbitrator and, in absence of such determination, equally by each party to the arbitration.

In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration will be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration.

Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator will apply the substantive law of the State of North Carolina, without giving effect to its conflict of laws provisions.

(d)             Coordinated Filings. If 25 or more Notices of Dispute are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in this Agreement. Disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases may only be filed with the arbitration provider as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.

Once counsel in the Coordinated Cases has advised us that all or substantially all Notices of Dispute have been provided for those cases, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as “bellwethers,” to allow each side a reasonable opportunity to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number will be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in deciding how many bellwether trials to order include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. No other cases may be filed until those bellwether matters have concluded, and we cannot be required to pay any fees associated with arbitration demands other than those permitted to be filed as bellwethers. The parties acknowledge that resolution of Coordinated Cases not selected as bellwethers will be delayed by this bellwether process.

Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.

 

Only bellwether trials will proceed in arbitration. Once all bellwether trials have concluded (or sooner if all parties’ counsels agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. If we cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter.

If the mediation does not yield a global resolution, this arbitration requirement will no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings. Such disputes may be filed only in the state courts in Wake County, North Carolina, or if federal jurisdiction exists, in the United States District Court for the Eastern District of North Carolina, and you consent as part of the Terms to venue such cases exclusively in these courts. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

(e)              Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and Loxx Boxx in any state or federal court, YOU AND THE LOXX BOXX WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(f)               Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(g)              Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(h)             Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.

(i)               Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(j)               Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, complaint or remedy under the EU General Data Protection Regulation, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(k)              Courts. In any circumstance where this Arbitration Agreement permits the parties to litigate in court, the parties submit to the personal jurisdiction of the courts located in Wake County, North Carolina; provided that the substantive law of the State of North Carolina, without regard to its conflict-of-laws principles, shall continue to govern the Agreement.

19.3.Governing Law.

19.4.Third-Party Beneficiaries. The Terms are for your sole benefit and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Terms.

19.5.Force Majeure. You acknowledge and agree that we will not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, acts of God, natural disasters, fire, flood, severe weather, earthquakes, pandemic, epidemic, war, terrorism, civil unrest, riots, governmental action, labor disputes, supply-chain disruptions, internet, cellular, satellite, or utility failures, third-party service outages, cyberattacks, or carrier disruptions.

19.6.Export. The Services and Products purchased through the Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Loxx Boxx, or any products utilizing such data, in violation of the United States export laws or regulations.

19.7.Electronic Communications. You consent to receive communications from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the communication would satisfy if it were a hard copy. This does not affect any non-waivable rights.

19.8.Entire Terms. The Terms are the entire agreement between you and us regarding the Services and Products purchased through the Service. Our failure to exercise or enforce any right or provision of the Terms is not a waiver of the right or provision. Section titles in the Terms are for convenience only and have no legal effect. The word “including” means “including without limitation”. If any provision of the Terms is, for any reason, held invalid or unenforceable, the other provisions of the Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted. Neither party is an agent or partner of the other, and nothing in the Terms creates any employment, joint-venture, agency, or partnership relationship between the parties. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Loxx Boxx’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Loxx Boxx may freely assign the Terms. The terms and conditions set forth in the Terms shall be binding upon assignees.

19.9.Copyright/Trademark Information. Copyright © 2018-2026 LOXX BOXX INC. All rights reserved. All trademarks, logos and Services marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

19.10.                          App Store Terms.

a)        Apple App Store. If you download the App from the Apple App Store, the following additional terms apply: (i) these Terms are between you and Loxx Boxx, not Apple, and Apple has no obligation to provide maintenance or support; (ii) Apple is not responsible for addressing any claims by you or any third party related to the App; (iii) Apple is a third-party beneficiary of these Terms with respect to the App and may enforce these Terms against you; (iv) You will only use the Application in connection with an Apple device that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; (v) Both you and Loxx Boxx acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (vi) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between Apple and Loxx Boxx, be Loxx Boxx’s sole responsibility; (vii) Both you and Loxx Boxx acknowledge that, as between Loxx Boxx and Apple, Loxx Boxx, not Apple, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (viii) Both you and Loxx Boxx acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Loxx Boxx, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;(ix) Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.; and (x) you represent that you are not located in a country subject to a U.S. embargo or designated as a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties.

b)        Google Play. If you download the App from Google Play, you acknowledge that Google has no responsibility for the App and is not a party to these Terms.

19.11.                          Contact Information:

Terms of Service Inquiries

Loxx Boxx Inc.
2550 W. Clemmonsville Rd.
Winston-Salem, NC 27127

 

Email: customersupport@loxxboxx.com