Terms of Service

Last updated on: November 20, 2024

By signing up for a Luckseller Account (as defined in Section 1) orby using any Luckseller Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Luckseller” means the applicable Luckseller Contracting Party.

The services offered by Luckseller under the Terms of Service include various products   to help you sell goods and services to buyers. Any such services offered by Luckseller are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. Luckseller reserves the right to update and change the Terms of Service by posting updates and changes to the Luckseller website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms andconditions contained or expressly referenced in these Terms of Service,including Luckseller’s AcceptableUse Policy (“AUP”) and Privacy Policy,and, if applicable, the Luckseller Data ProcessingAddendum (“DPA”) before you may sign up for a Luckseller Account oruse any Luckseller Service. Additionally.

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Luckseller or any Luckseller services, you are agreeing to these terms. Be sure to occasionally check back for updates.


Account Terms

1. To access and use the Services, you must register for a Luckseller account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Luckseller may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

3. You confirm that you are receiving any Services   provided by Luckseller for the purposes of carrying on a business activity and   not for any personal, household or family purpose.

4. You acknowledge that Luckseller will use the email address you provide on opening an Account or as updated by you from time   to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Luckseller and your primary Account email address must be capable of both sending and receiving     messages. Your email communications with Luckseller can only be authenticated if they come from your primary Account email address.

5. You are responsible for keeping your password secure. Luckseller cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Luckseller may result in an immediate termination of your Services.

Luckseller Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Luckseller customer, Luckseller employee, member, or officer will result in immediate Account termination.

4. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Luckseller employees and contractors may also be Luckseller customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Luckseller’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Limitation of Liability

1. You expressly understand and agree that, to the extent permitted by applicable laws, Luckseller shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

2. To the extent permitted by applicable laws, in no event shall Luckseller or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Luckseller partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. Luckseller does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

5. Luckseller does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

6. Luckseller is not responsible for any of your tax obligations or liabilities related to the use of Luckseller’s Services.

7. Luckseller does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.