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This crawlable page mirrors Lutiq’s Terms of Service. The product SPA also serves /terms for the branded layout.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Lutiq LLC ("Lutiq," "we," "us," or "our") governing your access to and use of the Lutiq platform, website at lutiq.com, and all related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

If you do not agree to these Terms, do not access or use the Services.

1. Overview of Services

Lutiq provides an AI landing-page optimization platform for e-commerce brands. The Services include, but are not limited to:

2. Account Registration and Security

2.1 Account Creation

To use the Services, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly if it changes.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

2.3 Authorized Users

You may authorize employees, contractors, or agents ("Authorized Users") to access the Services under your account, subject to these Terms. You are responsible for the actions of all Authorized Users and for ensuring they comply with these Terms.

3. Use of the Services

3.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Lutiq grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the term of your subscription solely for your internal business purposes.

3.2 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

3.3 Customer Responsibility for Published Content

Lutiq provides a tool that generates landing-page variants ("Generated Content"). Customer is solely responsible for reviewing, approving, and publishing Generated Content, and for the content that appears on Customer's domains, stores, and marketing surfaces. Customer's act of approving Generated Content in the Lutiq dashboard and allowing it to be served constitutes Customer's acceptance of, adoption of, and publication of that Generated Content. Customer assumes all legal responsibility — including under advertising, consumer-protection, intellectual-property, defamation, and privacy laws — for content Customer approves and publishes. Lutiq is a tool provider; it is not Customer's publisher, editor, marketer, or advertising agency.

You are also responsible for: (a) maintaining a privacy policy on your storefront that accurately discloses Lutiq's collection of visitor data; (b) obtaining any consents required by applicable law for visitor tracking; (c) configuring Shopify's Customer Privacy API and surfacing required consent controls (including a "Do Not Sell or Share My Personal Information" link where applicable) on your storefront — Lutiq's gating of event collection relies on the signals your storefront publishes; (d) compliance with the FTC Act's truthfulness-in-advertising requirements; (e) compliance with the CAN-SPAM Act if you repurpose Generated Content as email; and (f) compliance with the advertising-platform policies of any platform you use to drive traffic to Generated Content.

3.4 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including but not limited to:

3.5 Enforcement and Reporting

Lutiq may investigate suspected violations of this Section 3. Where Lutiq believes in good faith that a violation has occurred, Lutiq may, in its discretion: (a) remove or disable the violating Generated Content from Lutiq-hosted infrastructure; (b) suspend the affected account; (c) terminate the account under Section 11.3; and (d) cooperate with valid law-enforcement and government requests, with notice to Customer where legally permitted.

To report a suspected violation, contact [email protected] with the URL of the affected page and a description of the conduct. Lutiq does not commit to any particular response time but will review good-faith reports.

3.6 Service Availability — United States Only

The Services are currently offered in, and intended for use in, the United States only, and are not directed to or offered to individuals located in the European Economic Area, the United Kingdom, or Switzerland. Lutiq routes traffic that it identifies as originating outside the United States away from the Lutiq experiment — such visitors are not served a Lutiq variant, and Lutiq does not collect or retain their personal data — and you acknowledge and agree that this is how Lutiq handles such traffic. The EU and UK General Data Protection Regulation do not govern the Services, and Lutiq does not provide GDPR or UK-GDPR data-subject-rights mechanisms. You remain responsible for configuring your own advertising campaigns and storefront consistent with this United-States-only scope, and Lutiq may further suspend or restrict the Services, or exclude data, to give effect to this Section.

4. Your Data and Content

4.1 Your Brand Data

You retain all ownership rights in the brand data, product information, media assets, and other content you provide to Lutiq or that Lutiq extracts from your website with your authorization ("Your Content"). You grant Lutiq a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, create derivative works from, and display Your Content (a) to provide and operate the Services for you, including generating landing-page variants, serving them to your visitors, and optimizing their performance; and (b) to develop, train, and improve Lutiq's models, systems, prompts, and other technology, and to create the improvements and other intellectual property described in Sections 4.2 and 6. The benefit of (b) flows to other customers only through Lutiq's models, systems, and aggregate patterns; Lutiq does not disclose your raw brand assets or proprietary data to any other customer.

4.2 Generated Content & AI Content License

Lutiq owns, and retains all right, title, and interest in, the models, algorithms, templates, workflows, prompts, and technology it uses to generate landing-page variants and related outputs, together with any improvements, derivatives, processes, methods, and other intellectual property Lutiq develops — including through providing the Services and training and improving its models (collectively, the "Lutiq Platform IP"). The landing-page variants and related outputs the Services generate are the "Generated Content." As between you and Lutiq, Lutiq owns the Generated Content and all intellectual property rights in it to the fullest extent such rights exist; to the extent any Generated Content is not protectable by copyright or other intellectual-property rights, this Section governs the parties' respective rights to it as a matter of contract.

Lutiq grants you a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, display, and create derivative works from the Generated Content for any purpose. This license continues after these Terms end and regardless of the status of your account, and Lutiq does not restrict how you use Generated Content — for example, you may continue to use, adapt, export, or self-host the generated pages and their code. The license is non-exclusive: Lutiq may also use the Generated Content, and the patterns and intellectual property learned or derived from it, for its own purposes and for other customers. This license is to the Generated Content only; it grants no rights in the Lutiq Platform IP, and you may not reverse-engineer, decompile, extract, copy, or resell the Lutiq Platform IP or the Services, except as Lutiq otherwise agrees in writing (see Sections 3.2 and 6).

You acknowledge and agree that Lutiq may use the Generated Content, Your Content, and the Experiment Data and Permitted Data described in Sections 4.1, 4.3, and 4.4 for any purpose, including to operate, secure, and improve the Services and to train and improve Lutiq's models and develop Lutiq-owned improvements and derived intellectual property across its customer base — subject to the personal-information restrictions and the consumer opt-out in the Data Processing Addendum.

Customer is the publisher of Generated Content. Review and approval of Generated Content by Customer (including an Authorized User) in the Lutiq dashboard before publication constitutes Customer's acceptance of, adoption of, and responsibility for that Generated Content. Generated Content is provided AS-IS. To the maximum extent permitted by law, Lutiq disclaims all warranties — express, implied, statutory, or otherwise — with respect to Generated Content, including warranties of accuracy, completeness, non-infringement, merchantability, and fitness for a particular purpose.

4.3 Experiment Data

"Experiment Data" means data collected through the Lutiq Pixel about your visitors' interactions with your landing pages, together with the customer and order data you authorize Lutiq to access from your e-commerce platform (such as Shopify) and/or the Lutiq Pixel. For delivering the Services and producing your own performance and attribution reports, Lutiq processes Experiment Data on your behalf as a Service Provider (processor) on your documented instructions, and you are the Business/controller of that processing.

Separately, you grant Lutiq the license set out in Section 5A of the Data Processing Addendum to use the subset of Experiment Data defined there as "Permitted Data" — landing-page interaction and engagement data, conversion and purchase outcomes, and merchant-provided customer and order data — from your e-commerce platform (such as Shopify) and/or the Lutiq Pixel — in the hashed and minimized form Lutiq stores it — to train and improve Lutiq's own optimization and attribution models, including learning across Lutiq's customer base. With respect to that use, Lutiq acts as a Business (controller) in its own right, as further described in Section 13.9. The parties acknowledge that making Permitted Data available for Lutiq's own purposes may constitute a "sale" or "sharing" under the CCPA/CPRA, and that consumers have a right to opt out as provided in Section 5B of the DPA. Lutiq's use of Experiment Data is governed by the Data Processing Addendum between us (see Section 4.5).

4.4 Aggregated and De-Identified Data

You acknowledge and agree that Lutiq may create aggregated and de-identified data derived from Experiment Data and use it to operate, secure, and improve the Services, including the cross-brand ranking priors used by Lutiq's own models and algorithms. Lutiq's use of such aggregated, de-identified data is a service-provider business purpose within the meaning of Cal. Civ. Code §1798.140(e) and (m); it is not a "sale" or "share" of personal information.

At no point is any Customer's proprietary data, raw Experiment Data, customer records, or any individual consumer's identifiable personal information disclosed to, sold to, or made available to any other Lutiq customer. The benefit of Lutiq's model training flows between customers only through Lutiq's trained model parameters and aggregate statistical patterns — not by disclosing one Customer's data to another. Lutiq's separate use of Permitted Data to train and improve its own models, which operates on pseudonymized Experiment Data, is governed by Section 5A of the DPA and is subject to consumer opt-out; Lutiq does not transmit Experiment Data or personal information to the third-party LLM inference providers it uses to generate page content (see the AI Transparency Statement).

4.5 Data Processing Agreement

To the extent Lutiq processes personal information on your behalf, the parties agree to be bound by the Data Processing Agreement ("DPA") incorporated herein by reference. In the event of a conflict between these Terms and the DPA with respect to data processing, the DPA shall control.

5. Pricing, Fees, and Billing

5.1 Usage-Based Pricing Model

Fees for the Services are calculated each calendar month based on Processed GMV (as defined in Section 5.2) generated during that month. Pricing is tiered by marginal bracket: each portion of Processed GMV that falls within a given band is charged at that band's rate. Usage in higher brackets does not change the rate applied to lower brackets. The current bracket schedule is:

There is no monthly minimum fee. A customer whose Processed GMV in a given Billing Period falls entirely within the included band will incur no Fees for that Billing Period.

5.2 Defined Terms

For purposes of this Section 5:

Billing Period — A single calendar month, beginning at 00:00 UTC on the first day and ending at 23:59:59 UTC on the last day.

Holdout Group — Visitors whom Lutiq's edge infrastructure assigns to receive your existing landing page rather than an AI-generated variant, for the purpose of measuring uplift.

Purchase — A completed order placed by a shopper on your connected e-commerce platform, recognized at the time the order is captured regardless of when payment is fulfilled — including pre-orders, installment plans (e.g., Klarna, Affirm, Shop Pay Installments), and other deferred-payment arrangements. For recurring subscription products, only the initial order in a subscription series constitutes a Purchase; subsequent recurring shipments, renewal charges, and auto-replenishment orders are not Purchases.

Attributed Order — A Purchase by a shopper who (a) was assigned, through the Lutiq experiment, to view a landing page served by Lutiq (whether generated by Lutiq or provided by you) and not the Holdout Group, (b) made the Purchase within thirty (30) days of their most recent visit to that landing page, and (c) is connected to that visit by either the first-party Attribution Link cookie set on the Lutiq subdomain or the hashed identity-stitching token passed by your e-commerce platform at checkout. Each Attributed Order is counted only once, identified by the unique order identifier from your e-commerce platform, regardless of how many tracking events are received for that order.

Processed GMV — For each Attributed Order, the amount charged to the consumer for the goods purchased — equal to the order subtotal as it appears on the consumer's receipt after all discounts (whether applied at the catalog level or via a code entered at checkout), and excluding taxes, shipping fees, gratuities, and gift card purchases. Processed GMV for a Billing Period is the sum across all Attributed Orders captured during that Billing Period, less any refunds, returns, or chargebacks recorded during that Billing Period for previously Attributed Orders, regardless of when the original order occurred. Chargebacks are treated identically to refunds for purposes of this calculation.

5.3 Holdout Group Exclusion

Visitors assigned to the Holdout Group are routed by Lutiq's infrastructure but are served your existing landing page rather than an AI-generated variant. Although Lutiq's tracking technology may technically observe purchases by Holdout Group visitors, those purchases are excluded from Processed GMV and do not generate Fees.

5.4 Calculation and Source of Truth

Processed GMV is calculated by Lutiq from conversion events received via the Lutiq Pixel, the Lutiq JS SDK, or other tracking technology that you install. You are responsible for keeping the Lutiq tracking technology operational on your e-commerce store. Lutiq is not liable for measurement gaps — whether under-reporting or over-reporting of Processed GMV — caused by changes you or your service providers make to your e-commerce store, content security policies, theme code, advertising-platform configurations, or related infrastructure.

Refunds, returns, and chargebacks reduce Processed GMV in the Billing Period in which they are recorded, regardless of when the original Attributed Order occurred. If reductions in a Billing Period exceed positive Processed GMV in that Billing Period, the excess credit carries forward to subsequent Billing Periods. Reductions will not result in a cash payment from Lutiq to you.

5.5 Invoicing and Payment

On the first day of each calendar month, Lutiq will calculate Processed GMV for the immediately preceding Billing Period, apply the bracket schedule in Section 5.1, and issue an invoice for the resulting amount. Invoices are payable on issuance and will be charged automatically to the payment method you have authorized. All amounts are stated, invoiced, and charged in U.S. dollars. Processed GMV is measured in U.S. dollars; only orders denominated in U.S. dollars are included in Processed GMV, and orders denominated in other currencies do not contribute to Processed GMV or generate Fees.

If automatic payment fails, Lutiq may retry the charge for up to seven (7) days. If payment remains outstanding for fourteen (14) days after issuance, Lutiq may suspend access to the Services until payment is received, without prejudice to any other remedies available under these Terms.

California residents: because Lutiq bills in arrears for actual usage in each calendar month, with no fixed-price subscription tier and no automatic recurring charge of a predetermined amount, this Service is not a "continuous service" or "automatic renewal" subject to Cal. Bus. & Prof. Code §17600 et seq. You may stop using and disconnect the Services at any time as described in Section 11.4, and will be invoiced only for Processed GMV in the final Billing Period.

5.6 Disputes and Chargebacks

You must raise any dispute regarding the calculation of Processed GMV or the amount of an invoice in writing to [email protected] within thirty (30) days of the invoice date, identifying the specific orders or amounts contested. The parties agree to address timely-raised disputes in good faith. If you continue to pay the undisputed portion of an invoice while a dispute is open, Lutiq will not suspend the Services solely on account of the disputed portion. The resolution of any dispute is at Lutiq's sole discretion, and Lutiq's good-faith determination will be final. After the thirty-day period, invoices are deemed final and accepted, and you waive any further claim with respect to the disputed amounts.

If you initiate a chargeback or payment-card reversal against a Lutiq invoice through your card issuer, bank, or payment processor in lieu of using the dispute process described above, Lutiq may immediately suspend your access to the Services without prior notice and without prejudice to any other remedies, until the chargeback is fully resolved and all amounts owed to Lutiq are paid in full.

5.7 Service Interruptions

In the event of a Service interruption, Lutiq may, at its sole discretion, issue a credit against future invoices in an amount Lutiq determines to be reasonable in the circumstances. Such credits are the sole and exclusive remedy for Service interruptions. Lutiq does not commit to any uptime service level beyond what is expressly stated in a written order form or service-level agreement signed by both parties.

5.8 Taxes

You are responsible for all applicable taxes, duties, and government assessments arising from your use of the Services, excluding taxes based on Lutiq's net income. If applicable law requires you to withhold or deduct any amount (for example, a foreign withholding tax on a payment to a U.S. company) from a payment to Lutiq, you will increase the amount you pay so that Lutiq receives the full invoiced amount free of that withholding or deduction, and any withholding, foreign, or cross-border taxes or assessments imposed in connection with your payment are your responsibility. Lutiq is responsible only for taxes on its own net income in its jurisdiction of incorporation (the United States).

5.9 Changes to Pricing

Lutiq may change the bracket schedule, rates, or other pricing terms upon at least sixty (60) days' prior written notice. New pricing will take effect at the start of the first Billing Period beginning at least sixty (60) days after notice. Existing customers may, at their option, remain on the prior pricing for an additional ninety (90) days after the effective date of the change. If you do not agree to a pricing change, you may terminate your subscription before the new pricing takes effect, without penalty.

5.10 Master Accounts and Aggregation

If you operate multiple e-commerce stores or properties under common ownership, you may request that Lutiq link those accounts under a single Master Account. Once linked, Processed GMV across all member accounts in a Billing Period will be aggregated for the purpose of applying the bracket schedule in Section 5.1, and a single consolidated invoice will be issued to the Master Account holder. Master Account aggregation is available only for accounts owned and controlled by the same legal entity or by entities under common ownership (e.g., a parent company and its subsidiaries, or a portfolio of brands held by the same individual or holding company). Lutiq may require documentation of common ownership before approving aggregation and may revoke aggregation if ownership changes or if the conditions for aggregation are no longer satisfied.

6. Intellectual Property

6.1 Lutiq's Intellectual Property

The Services, including all software, algorithms, models, templates, prompts, documentation, and related technology, together with all improvements, derivatives, processes, methods, and other intellectual property Lutiq develops — including through providing the Services and training and improving its models (the "Lutiq Platform IP") — are and remain the exclusive property of Lutiq and its licensors. These Terms do not grant you any ownership interest in the Lutiq Platform IP or the Services. All rights not expressly granted herein are reserved by Lutiq.

6.2 Feedback

If you provide Lutiq with suggestions, ideas, enhancement requests, or other feedback regarding the Services ("Feedback"), you grant Lutiq a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback into the Services without restriction or obligation to you.

6.3 Trademarks

Each party retains all rights in its own trademarks, service marks, and logos. You grant Lutiq a limited license to use your name and logo solely to identify you as a Lutiq customer (e.g., on our website or in marketing materials), unless you opt out by notifying us in writing.

7. Confidentiality

7.1 Definition

"Confidential Information" means any non-public information disclosed by one party ("Discloser") to the other ("Recipient") in connection with these Terms, including but not limited to business plans, pricing, technical data, product roadmaps, customer lists, and experiment results. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Recipient; (b) was known to the Recipient prior to disclosure; (c) is independently developed by the Recipient; or (d) is rightfully received from a third party without restriction.

7.2 Obligations

The Recipient agrees to: (a) use Confidential Information only for the purposes of these Terms; (b) protect Confidential Information with at least the same degree of care it uses for its own confidential information, but no less than reasonable care; and (c) not disclose Confidential Information to any third party except as permitted herein or with the Discloser's prior written consent.

7.3 Compelled Disclosure

If the Recipient is compelled by law to disclose Confidential Information, it shall provide the Discloser with prompt written notice (to the extent legally permitted) and cooperate with the Discloser's efforts to obtain a protective order.

8. Representations and Warranties

8.1 Mutual Representations

Each party represents and warrants that: (a) it has the legal power and authority to enter into these Terms; (b) these Terms constitute a valid and binding obligation; and (c) its performance under these Terms will not violate any applicable law or regulation.

8.2 Lutiq's Warranties

Lutiq warrants that: (a) the Services will perform materially in accordance with the applicable documentation; and (b) Lutiq will provide the Services using commercially reasonable care and skill.

8.3 Customer's Warranties

You represent and warrant that: (a) you have all necessary rights and permissions to provide Your Content and Experiment Data to Lutiq, including to grant the license in Section 5A of the DPA permitting Lutiq to use Permitted Data to train and improve its own models; (b) Your Content does not infringe the intellectual property rights or other rights of any third party; (c) the products and services promoted through Lutiq-powered landing pages are legal and comply with applicable regulations; (d) you will comply with all applicable privacy laws in connection with your use of the Services, including providing required notices and a "Do Not Sell or Share My Personal Information" mechanism where applicable; and (e) you will not use the Services to process the personal information of, or knowingly direct traffic from, individuals located in the EEA, the United Kingdom, or Switzerland, consistent with Section 3.6.

8.4 Disclaimer

9. Limitation of Liability

9.1 Exclusion of Consequential Damages

9.2 Cap on Liability

9.3 Exceptions

The limitations in Sections 9.1 and 9.2 shall not apply to: (a) either party's indemnification obligations; (b) either party's breach of confidentiality obligations; (c) your payment obligations; or (d) either party's willful misconduct or gross negligence.

10. Indemnification

10.1 Lutiq's Indemnification

Lutiq shall indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) Lutiq's infringement of a third party's intellectual property rights through the Services (excluding claims arising from Your Content); or (b) Lutiq's material breach of its data processing obligations under the DPA.

10.2 Customer's Indemnification

You shall indemnify, defend, and hold harmless Lutiq and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) Your Content; (b) your breach of Section 3; (c) your violation of applicable laws in connection with your use of the Services; (d) the products or services you promote through Lutiq-powered landing pages; or (e) Generated Content that you approve and publish, including claims of intellectual-property infringement, defamation, false advertising, unfair competition, or consumer-protection violations.

11. Term and Termination

11.1 Term

These Terms commence on the date you first access or use the Services and continue until terminated in accordance with this Section 11.

11.2 Subscription Term

Your subscription begins upon account activation and continues on a month-to-month basis. Because Fees are calculated in arrears based on actual Processed GMV in each calendar month (Section 5), there is no fixed renewal date and no minimum-term commitment. Either party may terminate as provided in Sections 11.3 (for cause) or 11.4 (for convenience).

11.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 30 days of receiving written notice; or (b) becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course of business.

11.4 Termination for Convenience

You may terminate your subscription at any time by providing written notice to Lutiq. Termination for convenience will take effect at the end of your current billing period. No refund will be provided for the remaining portion of the current billing period.

11.5 Effect of Termination

Upon termination: (a) your license to access and use the Services will immediately cease; (b) Lutiq will cease serving landing pages on your behalf; (c) you will pay any outstanding Fees owed through the effective date of termination; and (d) each party will return or destroy the other party's Confidential Information, except as required by law.

11.6 Data Export and Deletion

Upon termination, you may request an export of Your Content and Experiment Data within 30 days. After 30 days, Lutiq will delete Your Content and Experiment Data in accordance with the DPA, except for aggregated and de-identified data and trained model parameters as described in Section 4.4.

11.7 Survival

The following sections survive termination: Section 4.1, Section 4.2, Section 4.4, Section 5 (to the extent of unpaid obligations), Section 6, Section 7, Section 8.4, Section 9, Section 10, Sections 11.5–11.7, Section 12, Section 13, and Section 14.

12. Dispute Resolution

12.1 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Subject to Section 12.3, the parties submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California for any action not subject to arbitration.

12.2 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute informally by contacting each other and negotiating in good faith for a period of at least 30 days.

12.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in San Francisco, California (or remotely, at the parties' mutual agreement). The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

12.4 Exceptions

Notwithstanding Section 12.3, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

12.5 Class Action Waiver & 30-Day Opt-Out

13. General Provisions

13.1 Entire Agreement

These Terms, together with the DPA and any applicable order forms, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements.

13.2 Amendments

Lutiq may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes your acceptance of the changes.

13.3 Assignment

You may not assign or transfer these Terms without Lutiq's prior written consent. Lutiq may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

13.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.5 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or failures of third-party infrastructure providers.

13.7 Notices

All notices under these Terms shall be in writing and sent to the email address associated with your account (for notices to you) or to [email protected] (for notices to Lutiq).

13.8 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

13.9 CCPA Roles (Service Provider and Business)

Lutiq plays two roles under the CCPA/CPRA. (a) Service Provider. With respect to end-user personal information that Lutiq processes on Customer's behalf to deliver the Services — generating and serving landing-page variants and producing Customer's own performance and attribution reports — Lutiq acts as a "Service Provider" as defined in Cal. Civ. Code §1798.140(ag): it processes that personal information on Customer's documented instructions, will not retain, use, or disclose it outside the direct business relationship between Customer and Lutiq or for any purpose other than providing the Services, will not "sell" or "share" it, and will not combine it with personal information from other sources except as permitted for service-provider purposes under Cal. Civ. Code §1798.140(ag)(1). (b) Business. Separately, with respect to the Permitted Data that Customer licenses to Lutiq under Section 5A of the DPA to train and improve Lutiq's own optimization and attribution models, Lutiq acts as a Business (controller) in its own right, subject to the consumer opt-out in Section 5B of the DPA; the parties acknowledge that making Permitted Data available for Lutiq's own purposes may constitute a "sale" or "sharing" under the CCPA/CPRA. The Data Processing Addendum governs the operational detail of both roles.

14. Shopify Disclaimer

Lutiq is not affiliated with, endorsed by, or sponsored by Shopify Inc. or any of its affiliates. The Shopify name and logo are trademarks of Shopify Inc. Customer's use of the Shopify platform is governed by Customer's own agreement with Shopify, including the Shopify Merchant Terms of Service, the Shopify Partner Program Agreement (where applicable), and the Shopify API Terms of Use. Customer agrees to comply with Shopify's then-current platform, partner, and API terms as a condition of using any Lutiq feature that integrates with Shopify. Lutiq is not responsible for Shopify's availability, pricing, policies, or acts or omissions.

15. Contact Us

If you have questions about these Terms, please contact us at:

Lutiq LLC 2261 Market Street, STE 88210 San Francisco, CA 94114 Email: [email protected] Website: https://lutiq.com