These Terms of Service ("Terms") constitute a legally binding agreement between you and Luxey LLC ("Luxey," "we," "us," or "our") governing your access to and use of the Luxey platform, including our website at www.luxey.co, applications, and related services (collectively, the "Platform").
By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a business, practice, or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Luxey provides a cloud-based practice management and electronic medical records platform designed for medical aesthetics practices. The Platform includes features for scheduling, clinical charting, payment processing, patient communications, inventory management, and operational reporting.
The Platform is intended for use by licensed medical professionals, practice owners, and authorized staff members operating within the scope of applicable medical and business regulations.
To use the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for:
We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
As a practice using the Platform, you are responsible for:
Luxey provides tools to assist with compliance workflows, but does not provide legal or medical advice. Practices should consult their own legal counsel regarding compliance obligations.
The Platform enables practices to send SMS and email communications to patients. By using these features, you agree to the following:
Consent collection: Practices are responsible for obtaining proper opt-in consent from patients before sending any SMS or email communications. The Platform provides built-in consent collection mechanisms including opt-in checkboxes during booking, check-in, and intake form workflows. Consent records — including timestamp, method, and categories authorized — are stored and auditable within the Platform.
Consent is not required for purchase: Practices must not condition the purchase of any service on a patient's agreement to receive SMS messages of any type. SMS opt-in is optional; patients who decline may still book, check in, and receive service.
Message types and frequency: Transactional messages (appointment confirmations, reminders, payment receipts) are sent in direct relation to booked services, typically 2-4 per appointment. Marketing messages, where separately consented to, shall not exceed 8 messages per month per recipient. Message and data rates may apply.
Opt-out and help: All SMS messages sent through the Platform include opt-out instructions. Patients may reply STOP at any time to cease receiving messages and HELP to receive support information. Practices may not override or circumvent a patient's opt-out request.
Prohibited use: You may not use the Platform's communication features to send messages that are deceptive, contain prohibited content, violate the Telephone Consumer Protection Act (TCPA), or violate any carrier or messaging provider policies. Luxey reserves the right to suspend messaging capabilities for any practice found to be in violation.
No sharing: Phone numbers and email addresses collected through the Platform are used solely for communications sent on behalf of the collecting practice. Luxey will not sell, rent, or share patient contact information with third parties for their own marketing purposes.
To the extent Luxey accesses, maintains, or transmits protected health information (PHI) on behalf of a covered entity, the parties will execute a Business Associate Agreement (BAA) as required by HIPAA. The BAA governs the handling of PHI and is incorporated into these Terms by reference.
Luxey agrees to implement appropriate safeguards to protect PHI as described in the BAA and our Privacy Policy.
Subscription fees are billed in accordance with the pricing plan selected at the time of enrollment. Payment is due at the beginning of each billing cycle. All fees are non-refundable except as expressly stated in your subscription agreement.
Payment processing services are provided by Stripe. By using the Platform's payment features, you also agree to Stripe's terms of service. Luxey is not responsible for errors or failures in third-party payment processing.
We reserve the right to modify pricing with 30 days' written notice. Continued use of the Platform after a price change constitutes acceptance of the new pricing.
The Platform, including its design, features, code, documentation, and branding, is owned by Luxey LLC and protected by copyright, trademark, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Platform for your internal business purposes.
You retain ownership of all data you enter into the Platform. By using the Platform, you grant Luxey a limited license to process, store, and transmit your data solely for the purpose of providing the Platform's services.
You may request an export of your practice data at any time. Upon termination of your subscription, Luxey will make your data available for export for a period of 30 days. After this period, your data may be deleted in accordance with our data retention policies and applicable legal requirements.
We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will use commercially reasonable efforts to provide advance notice of planned downtime.
To the fullest extent permitted by law, Luxey shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use the Platform.
Luxey's total aggregate liability for any claims arising from these Terms or your use of the Platform shall not exceed the total fees paid by you to Luxey during the twelve (12) months preceding the claim.
Luxey is not liable for clinical decisions made by providers using the Platform, the accuracy of data entered by practice users, third-party service outages, or unauthorized access resulting from the practice's failure to maintain adequate security controls.
You agree to indemnify, defend, and hold harmless Luxey and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third party's rights.
Either party may terminate these Terms with 30 days' written notice. Luxey may terminate or suspend your access immediately if you breach these Terms, fail to pay fees when due, or use the Platform in a manner that threatens the security or integrity of the Platform or other users' data.
Upon termination, your right to use the Platform ceases immediately, subject to the data portability provisions in Section 9.
These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction of such courts.
We may modify these Terms at any time by posting the updated terms on the Platform. We will provide at least 30 days' notice of material changes via email or in-app notification. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
These Terms, together with the Privacy Policy and any applicable BAA, constitute the entire agreement between you and Luxey. If any provision is found unenforceable, the remaining provisions remain in full force. Luxey's failure to enforce any provision does not constitute a waiver of that provision. You may not assign your rights under these Terms without our written consent.
For questions about these Terms, please contact us: