Legal

Terms of Service

Effective date: July 31, 2026 · Last updated: July 31, 2026

These Terms of Service ("Terms") govern your use of the luixifer.com website and describe the standard conditions on which Luixifer LLC provides its services. Individual client engagements are always governed by a signed statement of work or services agreement; where that agreement and these Terms differ, the signed agreement controls.

1. Agreement to these terms

By accessing this website, submitting an inquiry, or engaging our services, you agree to these Terms on behalf of yourself and, where applicable, the business you represent — and you confirm you have authority to bind that business. If you do not agree, please do not use the website or the services; we would rather you emailed us your concern first.

2. Definitions

"Luixifer," "we," "us" — Luixifer LLC, a limited liability company organized under the laws of the State of Colorado, United States.
"Client," "you" — the person or business engaging or seeking to engage our services, or the visitor using this website.
"Services" — the performance marketing services we provide, described in Section 3.
"SOW" — a statement of work, proposal or services agreement signed by both parties for a specific engagement.
"Ad Platforms" — third-party advertising networks and tools, including without limitation Meta, Google, TikTok, Pinterest and Snap.
"Deliverables" — the work product we create for a Client under an SOW, such as advertising creative, copy, landing pages, reports and documentation.

3. Our services

Luixifer LLC provides business-to-business performance marketing services for e-commerce companies, including: (a) paid-media planning and management on Ad Platforms; (b) advertising creative production, including creator/UGC content coordination; (c) analytics, tracking and attribution configuration; and (d) landing-page design and conversion-rate optimization. The specific services, deliverables, targets and timelines for any engagement are defined in the applicable SOW.

Our services are professional marketing services. We are not a bank, money transmitter, investment adviser or law firm, and nothing on this website constitutes financial, legal or investment advice.

4. Use of this website

You may browse this website and use the contact form for legitimate business inquiries. You agree not to: (a) attempt to probe, breach or test the security of the site; (b) scrape or crawl it at abusive rates; (c) submit unlawful, defamatory or malicious content through the form; (d) misrepresent your identity or affiliation in an inquiry; or (e) use the site in violation of applicable law. We may restrict access in response to abuse.

5. Client engagements

Written scope. Every engagement begins with a written SOW stating the services, fees, targets and timeline. Work outside the SOW is quoted and agreed in writing before it begins.
No guaranteed results. Advertising performance depends on market conditions, product economics, platform behavior and other factors outside any agency's control. SOW targets are good-faith objectives, not guarantees (see Section 13).
Non-exclusivity. Unless an SOW says otherwise, each party remains free to work with other businesses, including businesses in similar industries; we will not staff the same media buyer on directly competing accounts without disclosure.
Portfolio rights. We may identify the Client and describe the engagement in general, non-confidential terms in our portfolio and marketing, unless the SOW provides otherwise.

6. Client responsibilities

Engagements depend on timely cooperation. The Client is responsible for: (a) providing accurate business, product and pricing information; (b) granting and maintaining the platform access needed to perform the services; (c) reviewing and approving creative, offers and claims before launch where approval rights are reserved; (d) ensuring its products, claims and landing pages comply with applicable law (including FTC advertising and endorsement rules) and Ad Platform policies; and (e) funding advertising spend directly with the Ad Platforms. Timelines assume Client responses within five business days; longer gaps may shift schedules accordingly.

7. Fees, billing & payment

Fee structure. Our fees are flat service fees stated in the SOW — monthly retainers for ongoing services and fixed fees for one-time projects. We do not charge a percentage of advertising spend unless an SOW expressly says otherwise.
Invoicing. Retainers are invoiced monthly in advance; one-time projects are typically invoiced 50% at kickoff and 50% at delivery, unless the SOW sets milestones.
Payment terms. Invoices are due within 14 days of issue, in U.S. dollars, by the payment methods stated on the invoice.
Late payment. We may pause work on accounts with balances more than 15 days overdue after written notice, and may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law.
Taxes. Fees are exclusive of any applicable sales or similar taxes, which are the Client's responsibility where lawfully chargeable.
Refunds and cancellation. Our cancellation and refund terms are set out in the Billing & Refund Policy, which forms part of these Terms.

8. Advertising spend

Advertising spend is always paid by the Client directly to the Ad Platforms, using the Client's own payment methods attached to the Client's own ad accounts. We never take custody of advertising budgets, and advertising spend never passes through Luixifer LLC. Our authority to adjust budgets is limited to the ranges agreed in the SOW or otherwise approved in writing; the Client remains responsible for all charges the Ad Platforms bill to the Client's payment methods.

9. Intellectual property & ownership

Client accounts and data. Ad accounts, pixels, audiences, analytics properties and dashboards are created and held in the Client's name from day one. If we part ways, the Client loses nothing but us.
Deliverables. Upon payment of the fees relating to them, Deliverables are assigned to the Client. Until payment, they remain our property. Creator/UGC content is licensed on the usage terms agreed with the creator and stated in the SOW.
Our retained materials. We retain ownership of our pre-existing materials, templates, processes, know-how and non-Client-specific tooling, and grant the Client a non-exclusive license to use them as embedded in Deliverables.
Client materials. The Client retains all rights in its trademarks, product content and data, and grants us a limited license to use them solely to perform the services.
This website. The content of luixifer.com — text, design, graphics and code — belongs to Luixifer LLC. Brief quotation with attribution is welcome; wholesale reproduction is not.

10. Confidentiality

Each party will use the other's non-public business information — including margins, supplier terms, customer data, strategies and performance figures — only for the engagement, will protect it with at least reasonable care, and will not disclose it to third parties except to employees and contractors who need it and are bound by equivalent obligations, or where disclosure is required by law. These obligations survive the end of an engagement for three years; obligations regarding personal data and trade secrets survive as long as the law protects them.

11. Data protection

Our handling of personal information is described in our Privacy Policy. Where we process personal data on a Client's behalf (for example conversion events or audience lists), we do so as a processor / service provider on the Client's documented instructions, and the parties will execute a data-processing addendum where applicable law requires one.

12. Platform & advertising compliance

We build and run campaigns in accordance with Ad Platform policies and applicable U.S. advertising law, and we will flag Client products, claims or landing pages that in our judgment create policy or legal risk. The Client is responsible for the truthfulness of product claims and for its own regulatory compliance. Ad Platform enforcement decisions — account reviews, rejections, suspensions, outages and policy changes — are outside our control; we will use commercially reasonable efforts to resolve them but are not liable for their consequences.

13. Warranties & disclaimers

We warrant that: (a) the services will be performed in a professional and workmanlike manner by qualified personnel; and (b) Deliverables will materially conform to the SOW. For any breach of this warranty reported within 30 days of delivery, we will re-perform the affected work at no charge as your exclusive remedy.

EXCEPT AS EXPRESSLY STATED ABOVE, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CAMPAIGN WILL ACHIEVE ANY PARTICULAR ROAS, MER, CPA, TRAFFIC OR REVENUE OUTCOME.

14. Limitation of liability

To the maximum extent permitted by law: (a) Luixifer LLC's total aggregate liability arising out of or relating to the services or this website is limited to the service fees actually paid to us by the Client in the six (6) months preceding the event giving rise to the claim; (b) advertising spend is paid by the Client directly to the Ad Platforms and is never included in this limit; and (c) neither party is liable for indirect, incidental, special, punitive or consequential damages, including lost profits, lost revenue or lost data, even if advised of their possibility.

Nothing in these Terms limits liability for fraud, willful misconduct, or any other liability that cannot lawfully be limited. The limitations in this section do not apply to the Client's payment obligations.

15. Indemnification

The Client will defend and indemnify Luixifer LLC against third-party claims arising from the Client's products and services, the claims made about them at the Client's direction, or the Client's violation of law or platform policy. We will defend and indemnify the Client against third-party claims that Deliverables created solely by us infringe a U.S. copyright or trademark, provided the Client promptly notifies us and lets us control the defense.

16. Term & termination

Retainers. Monthly engagements continue until either party gives 30 days' written notice, per the Billing & Refund Policy. No long-term lock-in is required, ever.
For cause. Either party may terminate an engagement immediately on written notice if the other materially breaches and fails to cure within 15 days of notice, becomes insolvent, or where continuing would violate law or platform policy.
Effect. On termination, the Client pays for services performed through the effective date; we hand over all Deliverables paid for, remove ourselves from the Client's accounts, and return or delete Client confidential information on request. Sections 9–15 and 18–19 survive termination.

17. Force majeure

Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control — including natural disasters, war, terrorism, labor disputes, internet or utility failures, government action, or extended Ad Platform outages — provided the affected party gives prompt notice and resumes performance as soon as reasonably possible.

18. Governing law & disputes

These Terms and any dispute arising out of them are governed by the laws of the State of Colorado, United States, without regard to conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute by direct negotiation between senior representatives within 30 days of written notice of the dispute. Any dispute not so resolved will be brought exclusively in the state or federal courts located in Colorado, and each party consents to their jurisdiction and venue. Each party waives any right to a jury trial to the extent permitted by law.

19. General provisions

Entire agreement. These Terms, the Privacy Policy, the Billing & Refund Policy and any signed SOW form the entire agreement regarding their subject matter and supersede prior discussions.
Order of precedence. A signed SOW controls over these Terms to the extent of any conflict.
Amendments. We may update these Terms by posting a revised version with a new effective date; changes do not retroactively alter signed SOWs. Continued use of the website or services after the effective date constitutes acceptance.
Assignment. Neither party may assign these Terms without the other's written consent, except to a successor in a merger or sale of substantially all assets.
Severability & waiver. If a provision is held unenforceable, the remainder stays in effect; a failure to enforce a provision is not a waiver of it.
Independent contractors. The parties are independent contractors; nothing here creates a partnership, joint venture, agency or employment relationship.
Notices. Legal notices must be sent by email to support@luixifer.com (for notices to us) or to the Client's email on file, and are deemed received one business day after sending without bounce.

20. Contact

Questions about these Terms:

Email: support@luixifer.com
Phone: +1 (229) 517-7880, Monday–Friday, 9:00–18:00 Mountain Time
Mail: Luixifer LLC, Colorado, United States