Terms of Service

Last updated: 4/24/2021

Please read the following Terms of Use (“Terms”) carefully. These Terms will govern the use of Lex Software, LLC’s (“Company”) LEXAIO software (the “Software”). By clicking “Agree” at checkout, you represent that you agree to be bound by these Terms.

Description of the Software

The Software is automatic checkout software for use in retail shopping. The Software enables a user to automatically purchase selected products from supported websites (the “Supported Sites”). A user can select the Supported Site and products that the user wishes to purchase and have the Software run a task to automatically purchase the products if and when they are available for purchase.

Payment of Fees

To use the Software, you must pay the initial fee charged by Company plus the amount of any monthly subscription fees (collectively, the “Fees”). To pay the Fees, you must provide valid credit card information via a third party payment processer. PLEASE NOTE THAT SUBMITTING THIS INFORMATION WILL RESULT IN A MONTHLY CHARGE DIRECTLY TO THE IDENTIFIED CREDIT CARD. The amount of the monthly fees will be based upon the pricing schedule in effect at the time the fees are charged. Company reserves the right to amend this pricing schedule, at any time in its sole discretion with or without notice. You hereby authorize Company’s payment processing service to charge your credit card for all Fees that you incur in connection with your use of the Software.

In the event you have any dispute in the amount charged to your credit card, you will need to raise such a dispute by e-mailing Company at support@lexaio.io within thirty (30) days of your credit card being charged. In the event you do not raise any dispute within such thirty (30) days, the charges will be deemed final and you hereby explicitly waive any right to dispute such charges. Company shall review such a dispute and determine in its sole discretion as to whether an error needs to be corrected or whether the charges were correct. Company shall respond to you with its decision and its decision shall be deemed final. In the event Company determines a dispute is valid, Company shall issue a refund or provide a credit and such refund or credit will be your sole and exclusive remedy for such dispute.

Except as provided herein for disputed charges, there will be no refunds on any Fees charged under these Terms.

Use of the Software

The Software may only be used for legal and appropriate uses. Company reserves the right to make changes to the Software at any time and without notice. Your access to and use of the Software may be blocked, suspended, or terminated without prior notice at any time for misuse of the Software. Although the following list is not exhaustive, your access to the Software may be limited or revoked by Company at any time for any violation of the following rules:

  • You must comply with all state, federal, and/or international laws, rules, policies and/or licenses while using the Software.
  • You may not interfere or attempt to interfere with the Software or another person’s use of the Software by use of any program, script, command, device, software, routine, or otherwise.
  • You may not attempt to gain unauthorized access to any portion or feature of the Software.
  • You shall not engage in any activities that constitutes, in Company’s sole discretion, an abuse of the Software.
  • You may not use the Software in any manner that is prohibited by any of the Supported Sites.

The Software is merely a tool that enables you to make purchases. The Software does not guarantee that you will be able to purchase a selected item or that a purchase made using the Software will be fulfilled by a Supported Site. Any claim you have relating to the purchase of a product using the Software, the cancellation of an order placed, or any other interaction between you and the operator of a Supported Site is solely between you and the operator of the Supported Site.

Termination

Your access to and use of the Software is completely at the discretion of Company, and Company may block, suspend, or terminate your ability to access and use the Software for any reason it deems necessary, including, but not limited to, your violation of any the Terms or failure to pay the Fees. Likewise, you may cancel your subscription at any time, at which point you shall have no ability to access and use the Software and no further charges will be issued to your credit card for Fees (though previous Fees that have already been charged will not be refunded). Any cancellation requests shall be sent to support@lexaio.io

License and Ownership

Company grants you a limited, non-exclusive, non-transferable license to access and use the Software as described herein. Any unauthorized use of the Software or use in violation of these Terms shall automatically terminate the license granted herein.

All rights in the Software not expressly granted herein shall be deemed as reserved for the exclusive use by Company. You will not acquire any right, title or interest in or to the Software by reason of these Terms, except for the non-exclusive license to use the Software in accordance with these Terms.

Disclaimer of Warranties

COMPANY DOES NOT GUARANTEE THAT: (A) THE INFORMATION OBTAINED THROUGH THE SOFTWARE IS ACCURATE, UP-TO-DATE, COMPLETE, RELIABLE, OR OTHERWISE VALID; (B) YOU WILL BE ABLE TO PURCHASE ANY ITEM THAT YOU SELECT WHEN USING THE SOFTWARE OR THAT A SUPPORTED SITE WILL FULFILL YOUR ORDER; OR (C) THE SOFTWARE WILL OTHERWISE MEET YOUR NEEDS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. NEITHER COMPANY, NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SOFTWARE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

ANY AND ALL CLAIMS THAT YOU MAY HAVE RELATED TO ANY PRODUCTS PURCHASED OR ATTEMPTED TO BE PURCHASED USING THE SOFTWARE ARE SOLELY BETWEEN YOU AND THE OPERATOR OF THE APPLICABLE SUPPORTED SITE. YOU SPECIFICALLY RELEASE COMPANY FROM ANY CLAIMS RELATED TO ANY PRODUCTS THAT YOUR PURCHASE THROUH THE USE OF THE SOFTWARE, ANY PRODUCTS THAT YOU ATTEMPT TO PURCHASE THROUGH USE OF THE SOFTWARE, AND/OR YOUR INTERACTIONS WITH SUPPORTED SITES THAT RELATE TO YOUR USE OF THE SOFTWARE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND COMPANY ASSOCIATES FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES, CLAIMS, DEMANDS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, RELATING TO OR ARISING FROM: (A) ANY VIOLATION OF THESE TERMS BY YOU; (B) ANY CLAIM RELATED TO YOUR USE OF THE SOFTWARE; (C) ANY CLAIM BETWEEN YOU AND THE OPERATOR OF ANY SUPPORTED SITE RELATED TO YOUR INTERACTIONS WITH OR PURCHASES FROM A SUPPORTED SITE USING THE SOFTWARE; AND (D) ANY CLAIM THAT YOU MAKE TO ANY CREDIT CARD COMPANY OR PAYMENT PROCESSOR FOR PAYMENTS THAT YOU AUTHORIZED UNDER THESE TERMS OR IN YOUR USE OF THE SOFTWARE.

Miscellaneous

The laws of the State of Indiana, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County or Hamilton County, Indiana, U.S.A. for any action arising out of these Terms. Company shall be entitled to payment from you for any and all out-of-pocket costs, including, without limitation, attorneys' fees, incurred by Company in connection with enforcing these Terms.

You acknowledge and agrees that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional terms and conditions as posted on Company’s website, represents the entire understanding between Company and you regarding the Software. These Terms supersede all previous written or oral agreements between Company and you with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms