Terms & Conditions

1. Scope of Services

NetElixir authorizes You to use the Services to:

• Create AI-generated ad copies for paid ads, SEO content, image analysis, and other AI-generated marketing collateral ("Content"), and generate automated reports and analysis via LXRGPT;
• Access predictive customer intelligence, audience segmentation, and experimentation-service deliverables via LXRInsights;
• Access decision-engine outputs and data-analyst functionality via LXRSense; and
• To the extent made available to You, interact with the underlying Common Modules, including ACL-governed account and permission management, DataLake-driven data collection and processing, and Agent-driven automation —

in each case within the permitted limit of AI credits, data volume, or other usage limits applicable to Your account each month. You may use the Services for both personal and commercial use.

All Content is the sole responsibility of the person who creates such Content. You acknowledge that all Content created using the Services, or accessed by You using the Services, is at Your own risk, and You will be solely responsible and liable for any damage or loss resulting therefrom.

You further warrant that You possess all rights necessary to create and use such Content and that You do not violate any third party's rights in creating and/or distributing such Content, including copyright and/or trademark rights that others may hold.

NetElixir may use your name and/or logo to identify you as a client of NetElixir. NetElixir reserves the right to modify, change, or discontinue the Services, any individual Product, any Common Module, or any feature without notice, including the right to launch additional Products under the Platform or retire existing ones.

2. Shared Data Infrastructure and Common Modules

You acknowledge and agree that the Products share common underlying infrastructure hosted at lxrproducts.ai. In particular:

• DataLake Data collected from or generated in connection with Your use of any Product — including account, campaign, and performance data — may be collected, stored, and processed centrally through the DataLake module, and, where reasonably necessary to operate, improve, or provide the Services, made accessible across Products associated with Your account. NetElixir will collect and process such data consistently with this Agreement and the Data Processing Addendum, regardless of which Product initiated the collection.
• ACL Access to Your account, Your data, and each Product is governed by the shared ACL module. You are responsible for the permissions You grant to Authorized Users across Products, as further described in Section 10 (Additional Organization Accounts).
• Agents Certain automated or agentic functionality may operate across Products on Your behalf (for example, using data or outputs from one Product to inform actions or recommendations in another). You may configure or restrict such cross-Product functionality to the extent NetElixir makes such controls available.

NetElixir does not treat a subscription to one Product as a subscription to any other Product; access to each Product remains subject to Your applicable plan, fees, and usage limits, even where the Products rely on shared Common Modules described above.

3. Product-Specific Terms

In addition to the terms that apply generally to the Services, the following Product-specific terms apply. In the event of a conflict between this Section 3 and any other Section of this Agreement, this Section 3 governs with respect to the specific Product it addresses.

3.1 LXRInsights – Platform and Managed Service Components

LXRInsights is made available as a combination of (a) a self-service software platform that generates predictive customer intelligence, audience segmentation, and related analytics (the "LXRInsights Platform"), and (b) an expert-led experimentation service performed by NetElixir personnel, which may include hypothesis design, test planning, campaign implementation, cross-channel activation, and performance measurement (the "LXRInsights Service").

Where You have purchased the LXRInsights Service, NetElixir will perform the applicable services using commercially reasonable efforts and professional care, but does not guarantee any specific experiment outcome, revenue result, or return on ad spend. Any performance figures, case studies, or benchmark results referenced on lxrinsights.ai or elsewhere are illustrative of past client outcomes only and are not a warranty or projection of results for Your account. Deliverables under the LXRInsights Service are provided for Your internal business use and do not transfer any NetElixir intellectual property rights beyond the limited license granted in Section 14 (License and Intellectual Property).

3.2 LXRSense – Alpha and Beta Services

LXRSense (or particular features of LXRSense) may be made available to You on a pre-release, invite-only, alpha, beta, waitlist, or early-access basis ("Pre-Release Services") before general availability. Pre-Release Services are provided "as is" and "as available," without any service-level commitment, uptime guarantee, or warranty of any kind, and may be modified, limited, suspended, or discontinued at any time without notice or liability.

Pre-Release Services may contain bugs, errors, or inaccuracies, and outputs should not be relied upon for critical business decisions without independent verification. If You provide feedback, suggestions, or ideas regarding Pre-Release Services ("Feedback"), You grant NetElixir a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that Feedback into the Services without compensation or attribution to You. NetElixir may offer preferential pricing, founder terms, or other incentives to early or alpha users of LXRSense; any such terms will be presented separately and, where applicable, control over conflicting provisions of this Section 3.2 for the specific user they are offered to.

3.3 Connected Stores and Third-Party Platform Data

Certain Products, including LXRInsights and LXRSense, may allow or require You to connect Your Shopify, BigCommerce, WooCommerce, or other e-commerce, advertising, or analytics accounts (each, a "Connected Account") to the Services. By connecting a Connected Account, You authorize NetElixir to access, retrieve, and process data from that Connected Account through the DataLake and other Common Modules, in accordance with this Agreement, the Data Processing Addendum, and the applicable terms of the third-party platform.

You are responsible for maintaining the accuracy of, and Your right to share, any data made available through a Connected Account, and for complying with the terms of service, developer policies, and data-use restrictions of each connected third-party platform. NetElixir is not responsible for a Connected Account's availability, accuracy, or continued API access, and Your access to related Product functionality may be limited or interrupted if a Connected Account is disconnected, revoked, or restricted by the third-party platform. Upon disconnection of a Connected Account or termination of Your access to the Services, NetElixir will handle data originally sourced from that Connected Account consistently with Section 4 (Term and Termination) and the Data Processing Addendum.

4. Term and Termination

This Agreement is effective when You first access the Services and/or create or log into an account to access lxrproducts.ai or any Product, whichever occurs first, and will continue for as long as You have an active account or access to the Services ("Term").

You may terminate Your use of the Service at any time. NetElixir may terminate or suspend Your access to all or part of the Service — including a single Product while leaving others active, and including any Pre-Release Services under Section 3.2 — with or without notice, in its reasonable discretion, at any time. NetElixir reserves the right, but has no obligation, to review Your Content, and to investigate and/or take appropriate action against You in its sole discretion if You violate this Agreement or otherwise create liability for NetElixir or any other person.

Following the termination or cancellation of Your subscription to the Service and/or Your account, NetElixir reserves the right to delete all Your data, including data held in the DataLake and data sourced from any Connected Account, in the normal course of operations.

In no event shall any termination, irrespective of reason, relieve You of the obligation to pay any fee or cost that was due for any period prior to the effective date of termination, if applicable.

5. Fees

NetElixir may offer access to the Services, or to individual Products (including the LXRInsights Service and Pre-Release Services), either with or without fee, at its sole discretion. If You elect to purchase a paid subscription, account, add-on, or other such product of the Services, You agree to pay the costs, fees, and taxes, either one-time or recurring, as specified at the time of purchase for the applicable Product(s).

6. Payments and Refunds

If applicable, for as long as You have an account with a paid subscription or product across any Product, or otherwise have an outstanding balance, You will provide a valid payment method in the form of either a credit card or bank account ACH details. You will update the information for any payment method that expires or is otherwise no longer valid. By providing NetElixir with these payment method details, You represent and warrant that You are authorized to use such payment method and that charges to that payment method will not be rejected. Furthermore, You expressly permit NetElixir to charge or otherwise debit such payment methods for invoices, fees, or bills charged to Your account.

If NetElixir is unable to process a credit card payment, it will notify You using the email address on file and attempt to charge that card two (2) additional times before suspending access to Your account.

If an ACH transaction is declined or reversed, NetElixir will attempt to contact You before suspending access to Your account.

Payments for access to the Services, subscription, or other product, as well as any billable time accrued, if applicable, are non-refundable.

7. Change to Billing and Fees

NetElixir may change its pricing structure or billing processes at any time by posting a new pricing structure through the Services website and/or sending a notification to You via email.

8. Representations and Warranties

By using the Services, You represent and warrant that:

• If an individual You are at least eighteen (18) years old.
• If a business You are duly organized, validly existing, and in good standing as a corporation or other entity as represented herein under the laws of its jurisdiction of incorporation, organization, or chartering.
• Legal compliance You are in compliance with all applicable laws, rules, and regulations.
• Authority You have the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder.
• Accurate information You will provide accurate, complete, and up-to-date billing and/or contact information.
• Sanctions compliance You are not based in any country or region that is subject to a U.S. government embargo, designated as a "terrorist-supporting" country, or listed as a sanctioned person, group, entity, or organization by the U.S. Department of the Treasury OFAC.
• Agreement acceptance You acknowledge and agree to the terms and conditions of this Agreement.

9. Accounts and Passwords

You are responsible for keeping the credentials used to access the Services, including access to any individual Product or the shared ACL module, confidential and secure. You are responsible for any activities performed within that account, whether or not You have authorized said activity. You agree to immediately notify NetElixir if You suspect unauthorized access or use of Your organization's access to the Services.

NetElixir is not responsible for any losses due to stolen, hacked, or otherwise compromised credentials. NetElixir does not have access to passwords and, for security reasons, will never request Your password via email, telephone, or any other form of correspondence.

10. Additional Organization Accounts

As the primary user and/or account holder of the Services, You agree that You are responsible for the actions, including any fees associated with those actions, of additional users created in association with the account and/or subscription, including Authorized Users granted access to one or more Products through the shared ACL module.

11. Information Provided by You to NetElixir

You represent and warrant that You own all rights in and to any content uploaded or provided by You to NetElixir services, including any designs, images, illustrations, compositions, artworks, or information You provide for the purpose of analyzing or creating content, whether uploaded through a single Product, a Connected Account, or made available across Products via the DataLake.

You retain ownership of any content and information You upload to the Services or create using the Services. NetElixir may use or disclose Your information (including any personal information therein) only as described in this Agreement, the Privacy Policy, the Cookie Policy, or any other contract You or Your organization has entered into with NetElixir. Where such information is stored in the shared DataLake, it may be used to provide, support, or improve any Product to which You have access, consistent with this Section.

12. Your Obligations

You are responsible and liable for all uses of the Services and Documentation, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. This includes responsibility for all acts of Your Authorized Users across all Products and Common Modules. Any act by an Authorized User that would constitute a breach of this Agreement if undertaken will be deemed a breach of this Agreement by You. You are required to make reasonable efforts to ensure that all Authorized Users are aware of and comply with the provisions of this Agreement as applicable to their use of the Services.

You are responsible for maintaining the confidentiality of Your passwords and access credentials associated with the Services. You will not sell or transfer these credentials to any other person or entity. You must promptly notify us of any unauthorized access to Your passwords or access credentials.

13. NetElixir Information Rights

NetElixir retains the right to complete and unfettered access to the data and analytics gathered and/or generated through use of the Services, including data collected, stored, or processed through the DataLake regardless of the originating Product or Connected Account. NetElixir reserves the right to use or transfer, aggregate, or otherwise process anonymized versions of such information without compensation, citation, or limitation, in connection with its operations — including across Products and the Common Modules — including, but not limited to, the rights to: copy, transmit, distribute, publicly display, edit, reproduce, reformat, and translate such information.

14. License and Intellectual Property

Subject to the terms and conditions of this Agreement, NetElixir grants You a limited, revocable, non-exclusive, non-sublicensable license to access and use the Services, including the Products and Common Modules made available to You.

NetElixir is and will remain the sole and exclusive owner of all right, title, and interest in and to the Services — including lxrproducts.ai, each Product, and the Common Modules — and all intellectual property therein. You will not, nor will You allow any third party to, copy, modify, reverse engineer, or otherwise duplicate the Services or violate any of NetElixir's rights herein.

15. Copyrights and Trademarks

No copyrighted material may be downloaded, reused, copied, distributed, modified, transferred, reposted, reproduced, displayed, transmitted, disseminated, published, broadcast, sold, circulated, or otherwise used without expressly stated permission, either in such materials or within this notice, without the express written permission of NetElixir.

Materials provided by NetElixir may be copied and distributed only for use in conjunction with the Services. Materials copied must remain unchanged and contain the following notice in a clearly visible location: "© NetElixir, Inc. All Rights Reserved." This permission to copy and distribute materials does not extend to materials owned by other content providers that may appear within the Services.

Reproduction, distribution, or copying any copyrighted materials within the Services for commercial purposes is strictly prohibited unless expressly permitted within this Agreement.

16. Confidential Information

You agree not to disclose any confidential information or any information that is marked as confidential, or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. You will not use such confidential information except as necessary for the performance of this Agreement.

17. Privacy

Your use of the Services is subject to NetElixir's Privacy Policy, which is incorporated by reference into these Terms and Conditions and which describes how data is handled across lxrproducts.ai and its Products, including through the DataLake and any Connected Account.

18. Warranties and Disclaimers

The Services and all Content, information, or other products included within or made available through the Services, whether through a single Product, the LXRInsights Service, Pre-Release Services, or the Common Modules, are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

NetElixir does not guarantee that the Services will be uninterrupted, error-free, or secure. NetElixir does not guarantee the accuracy, completeness, or usefulness of any content provided through the Services, including any predictive, analytical, or decision-engine outputs. NetElixir will not be liable for any loss or damage caused by Your reliance on information obtained through the Services.

19. Limitation of Liability

To the fullest extent permitted by applicable law, NetElixir and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services, any Product, or any Common Module;
• Any conduct or content of any third party on the Services, including without limitation any defamatory, offensive, or illegal conduct of other users or third parties;
• Any content obtained from the Services; or
• Unauthorized access, use, or alteration of Your transmissions or content.

20. Indemnification

You agree to indemnify, defend, and hold harmless NetElixir and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Services or Your violation of this Agreement.

21. Governing Law and Dispute Resolution

This Agreement is governed by and constructed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement or the Services will be resolved exclusively in the state or federal courts located in New Jersey, and You agree to the personal jurisdiction of such courts.

22. Miscellaneous

This Agreement constitutes the entire agreement between You and NetElixir regarding the Services and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement, including any prior terms and conditions published under lxrgpt.ai, lxrinsights.ai, or lxrsense.ai to the extent inconsistent with this Agreement.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

NetElixir's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.

You may not assign or transfer Your rights or obligations under this Agreement without NetElixir's prior written consent. NetElixir may assign or transfer its rights and obligations under this Agreement without Your consent.

Contact Information

If you have any questions about this Agreement, please contact NetElixir at: