Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Toxic AI Labs, LLC, a limited liability company organized under the laws of the State of Nevada, with its principal place of business in Las Vegas, Nevada ("Toxic AI Labs," "Company," "we," "us," or "our"), the owner and operator of Bookluxe (bookluxe.com) and its associated mobile and web applications (collectively, the "Services").

By creating an account, booking an appointment, registering a business, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

Bookluxe is a scheduling and appointment management platform for spas, salons, and similar personal care and wellness businesses ("Businesses" or "Providers"). Bookluxe allows:

• Businesses to list their services, manage staff calendars, accept and manage bookings, process related payments or deposits, and communicate with their clients; and
• Clients to search for, book, reschedule, and manage appointments with Businesses, receive appointment reminders, and communicate with Businesses regarding their bookings.

Toxic AI Labs provides the technology platform that connects Businesses and Clients. Toxic AI Labs is not a party to, and does not provide, the personal care, spa, salon, or wellness services booked through the Services. Those services are provided solely by the independent Business you book with.

3.1 Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use the Services. By using the Services, you represent that you meet these requirements.

3.2 Client Accounts

A "Client" is an individual who uses the Services to discover and book appointments with Businesses. You agree to provide accurate booking and contact information and to keep it up to date.

3.3 Business Accounts

A "Business" is a spa, salon, or similar entity (or an individual professional) that registers to list services and accept bookings through Bookluxe. If you register a Business account, you represent that you have the authority to bind that Business to these Terms, and that the Business holds all licenses, permits, and insurance required to lawfully provide the services it offers.

4.1 Nature of Bookings

A booking made through Bookluxe is an agreement between the Client and the Business. Toxic AI Labs facilitates the scheduling and, where applicable, payment for that booking, but is not responsible for the performance, quality, safety, or outcome of the services rendered by the Business.

4.2 Business-Set Policies

Each Business sets its own pricing, availability, cancellation policy, no-show policy, late-arrival policy, and deposit or prepayment requirements. These policies will be displayed to Clients at the time of booking, and by completing a booking, you agree to the applicable Business’s policies in addition to these Terms.

4.3 Payments, Deposits, and Fees

Where Bookluxe processes payments on behalf of a Business (including deposits, prepayments, or no-show/cancellation fees), such payments are processed via a third-party payment processor. By providing payment information, you authorize the applicable charge in accordance with the Business’s disclosed policies.

Toxic AI Labs may charge Businesses a subscription fee, transaction fee, or both for use of the Services, as described on our pricing page or in a separate order form.

All charges are non-refundable except as required by law or as expressly provided in the applicable Business’s cancellation policy.

4.4 Cancellations, No-Shows, and Disputes

Cancellation, rescheduling, and no-show terms (including any associated fees) are set and enforced by the Business, not Toxic AI Labs. Disputes regarding the quality of services rendered, refunds for services already performed, or a Business’s enforcement of its own policies are between the Client and the Business. Toxic AI Labs may, at its discretion but without obligation, assist in facilitating communication between the parties.

4.5 Reminders and Notifications

By booking an appointment, you consent to receive appointment-related communications (including confirmations, reminders, and rescheduling notices) from Bookluxe and/or the Business via email, SMS, or push notification, in accordance with our Privacy Policy and applicable law. You may opt out of non-essential marketing communications at any time; you may not be able to opt out of essential transactional messages related to a booking you have made.

If you register a Business account, you additionally agree that:

• You are solely responsible for the accuracy of your service listings, pricing, staff qualifications, and availability;
• You will maintain any licenses, certifications, permits, and insurance required by applicable law to provide the services you list;
• You are solely responsible for the acts and omissions of your staff and for the safety and quality of services rendered to Clients;
• You will comply with all applicable health, safety, sanitation, licensing, employment, and consumer protection laws applicable to your business;
• You will not use Client contact information obtained through Bookluxe for any purpose other than servicing bookings and permitted marketing consistent with your disclosed policies and applicable law (including opt-in/opt-out requirements for marketing messages);
• You are responsible for setting lawful cancellation, deposit, and no-show fee policies in your jurisdiction.

Toxic AI Labs reserves the right, but has no obligation, to verify licensing, insurance, or other credentials of any Business, and does not guarantee that any Business is properly licensed or insured.

Clients agree to:

• Provide accurate booking, contact, and payment information;
• Attend booked appointments or cancel/reschedule in accordance with the applicable Business’s stated policy;
• Treat Business staff with respect and refrain from abusive, discriminatory, or unlawful conduct;
• Not use the Services to make fraudulent bookings or engage in "no-show" abuse.

You agree not to, and not to permit any third party to:

• Use the Services for any unlawful purpose or in violation of any applicable law;
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Post or transmit false, misleading, defamatory, or fraudulent content, including fake reviews or fake bookings;
• Transmit spam, unsolicited communications, viruses, or malicious code;
• Attempt to gain unauthorized access to the Services, other users’ accounts, or related systems;
• Reverse engineer, decompile, or scrape the Services without our prior written consent;
• Circumvent the Services to solicit bookings, payments, or communications directly in order to avoid applicable fees, except where otherwise agreed with the Business independently of the platform.

We reserve the right to suspend or terminate accounts that violate this section.

8.1 Reviews

Bookluxe may allow Clients to submit reviews or ratings of Businesses. Reviews must reflect a genuine experience and comply with our content standards. We reserve the right to remove reviews that are fraudulent, defamatory, unlawful, or otherwise violate these Terms, but we are not obligated to monitor or moderate all content and do not guarantee the accuracy of any review.

8.2 User Content

"User Content" means listings, photos, descriptions, reviews, messages, and other content submitted by Businesses or Clients through the Services. You retain ownership of your User Content but grant Toxic AI Labs a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute such content as necessary to operate and promote the Services (for example, displaying a Business’s listing and photos to prospective Clients).

You represent that you have all necessary rights to submit your User Content and that it does not infringe or violate the rights of any third party.

The Services, including all software, design, text, graphics, logos, and trademarks (excluding User Content), are owned by or licensed to Toxic AI Labs and protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. No other rights are granted.

The Services may integrate with third-party tools, including payment processors, calendar services, and messaging providers. Your use of such integrations is subject to the applicable third party’s terms and privacy policy, and Toxic AI Labs is not responsible for their availability or practices.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TOXIC AI LABS DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICES PROVIDED BY A BUSINESS BOOKED THROUGH BOOKLUXE, INCLUDING THE QUALITY, SAFETY, LEGALITY, OR OUTCOME OF ANY SPA, SALON, OR WELLNESS SERVICE. YOU ACKNOWLEDGE THAT ANY SERVICES YOU BOOK ARE PROVIDED BY AN INDEPENDENT THIRD-PARTY BUSINESS, AND NOT BY TOXIC AI LABS.

TOXIC AI LABS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOXIC AI LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY SERVICES BOOKED THROUGH A BUSINESS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TOXIC AI LABS’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO TOXIC AI LABS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). FOR CLIENTS WHO HAVE NOT PAID FEES DIRECTLY TO TOXIC AI LABS, TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Toxic AI Labs and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; (d) your User Content; or (e), if you are a Business, the services you provide or fail to provide to any Client, including any injury, dissatisfaction, or dispute arising therefrom.

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, available at bookluxe.com/privacy. By using the Services, you consent to the collection and use of information as described therein.

15.1 Term

These Terms remain in effect for as long as you maintain an account or use the Services.

15.2 Termination

You may close your account at any time through the app settings or by contacting us at info@bookluxe.com. We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms, fraudulent activity, or non-payment.

15.3 Effect of Termination

Upon termination, your right to access the Services will cease. Provisions that by their nature should survive (including Sections 9, 11, 12, 13, and 16) will survive termination.

15.4 Business Transfers

Because Bookluxe is owned by Toxic AI Labs, LLC, a company that develops and may transfer or sell software products and brands, Bookluxe (including associated accounts and data) may be sold, transferred, or assigned to a successor operator, subject to applicable law and our Privacy Policy. These Terms will transfer accordingly or be replaced by materially similar successor terms.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles.

16.2 Informal Resolution

Before filing a claim, you agree to first contact us at info@bookluxe.com and attempt to resolve the dispute informally for at least thirty (30) days.

16.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CASE.

• (a) Agreement to Arbitrate. You and Toxic AI Labs agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Toxic AI Labs (a "Dispute") that is not resolved informally under Section 16.2 shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court as set forth below.
• (b) Arbitration Rules and Administration. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, if you are an individual using the Services primarily for personal purposes, its Consumer Arbitration Rules), as modified by this Section 16.3. The arbitration will be conducted by a single, neutral arbitrator.
• (c) Seat and Location. The seat of arbitration, and the place where any arbitration hearing will be held, shall be Orange County, California. If the arbitrator determines that an in-person hearing is warranted, it will take place in Orange County, California, unless the parties mutually agree to another location or to conduct the hearing remotely.
• (d) Governing Law for the Arbitration Agreement. This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator shall apply the substantive law specified in Section 16.1 to the merits of any Dispute, except that any question regarding the enforceability, scope, or validity of this arbitration agreement shall be governed by the Federal Arbitration Act.
• (e) Class Action and Jury Trial Waiver. YOU AND TOXIC AI LABS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found unenforceable as to a particular Dispute or form of relief, that Dispute or claim (and only that Dispute or claim) shall be severed from the arbitration and may be brought in court, subject to Section 16.4.
• (f) Small Claims Court and Injunctive Relief Carve-Outs. Either party may bring an individual action in small claims court for Disputes within that court’s jurisdiction, so long as the matter proceeds only on an individual basis. Either party may also seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction in Orange County, California, to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights, pending completion of arbitration.
• (g) Arbitration Fees. Payment of filing, administration, and arbitrator fees will be governed by applicable AAA rules. Toxic AI Labs will pay costs and fees it is required to pay under applicable law or AAA rules to make this arbitration agreement enforceable.
• (h) Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@bookluxe.com within thirty (30) days of first accepting these Terms, stating your name, account information, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 16.4 will govern venue instead.
• (i) Severability. If any part of this Section 16.3 is found unenforceable, the remainder shall remain in force, except that if the class/representative action waiver in Section 16.3(e) is found unenforceable in its entirety, this entire Section 16.3 shall be null and void, and the Dispute shall proceed in court under Section 16.4.

16.4 Venue

Absent an enforceable arbitration agreement, you agree that any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to personal jurisdiction and venue in such courts.

16.5 Class Action Waiver

To the extent permitted by applicable law, you agree that any proceedings to resolve Disputes will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any order forms or supplemental agreements referenced herein, constitute the entire agreement between you and Toxic AI Labs regarding the Services, superseding any prior agreements.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, labor disputes, or internet or utility failures.

17.6 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you, Toxic AI Labs, or any Business. Businesses are independent third parties, not employees or agents of Toxic AI Labs.

17.7 Notices

We may provide notices to you via email, through the Services, or by posting on our website. You may send notices to us at info@bookluxe.com.

Bookluxe, operated by Toxic AI Labs, LLC. Las Vegas, Nevada. Email: info@bookluxe.com