Terms of Service

1. Acceptance of Terms & Contracting Parties

These Terms of Service (“Terms”) constitute a legally binding agreement entered into between LUXIRA KOZMETİK TİCARET LİMİTED ŞİRKETİ (operating as Luxira Holding LLC, registered at Şirinevler Mah. Meriç Sk. No: 15 Bahçelievler / İstanbul, Turkey, Tax ID: VKN 6091375815, hereinafter “Company”, “we”, or “us”) and the business entity or commercial enterprise (“Customer”, “Subscriber”, or “you”) accessing or utilizing the LUXIRA Omnichannel Communications Platform at https://webluxira.com (the “Service”).

By provisioning an account, linking social media channels, or accessing the Service, you warrant that you possess full corporate authority to bind your organization to these Terms. If you do not agree with these Terms in their entirety, you must not access or utilize the Service.

2. Description of Service & Operational Scope

LUXIRA CRM provides multi-channel customer communications software that enables enterprises to connect authorized commercial communication channels—including Facebook Messenger and Instagram Direct via Meta Graph API v23.0—into a centralized team inbox for inquiry routing, ticket assignment, and customer service delivery.

3. Strict Compliance with Meta Platform Terms & Commercial Rules

Subscribers connecting Facebook Pages or Instagram Business Accounts to LUXIRA CRM explicitly covenant and warrant that:

• Adherence to Meta Terms: Customer shall comply at all times with the Meta Platform Terms, the Meta Developer Policies, and the Meta Commercial Messaging Guidelines.
• 24-Hour Messaging Window Compliance: Standard customer-care messaging through Meta Graph API is restricted to a 24-hour response window following user-initiated interaction. Responses dispatched after the 24-hour window must strictly utilize approved Meta message tags (such as HUMAN_AGENT) solely for human-driven responses to existing customer queries within 7 calendar days.
• Absolute Prohibition Against Unsolicited Messaging: The Service shall never be used to dispatch unsolicited commercial messages, bulk advertising broadcasts, deceptive marketing campaigns, or spam to Meta platform users.
• Consent & Opt-In Safeguards: Customer is solely responsible for obtaining and verifying all legally mandated consents, disclosures, and opt-ins required under applicable consumer protection and telecommunications statutes (including TCPA, CAN-SPAM, and GDPR) prior to initiating communications.
• Termination for Policy Abuse: Luxira Holding reserves the right to immediately suspend or terminate access to the Service for any Customer verified to have violated Meta messaging policies or terms of service.

4. Acceptable Use Policy (AUP)

When accessing or operating LUXIRA CRM, Customer and its authorized users agree not to:

• Transmit, distribute, or store any material that is defamatory, fraudulent, harassing, obscene, hateful, or in violation of intellectual property rights.
• Attempt to reverse engineer, decompile, disassemble, or derive source code from any portion of the platform or backend services.
• Probe, scan, or test the vulnerability of the system without prior explicit written authorization from Luxira Holding security engineers.
• Bypass, disable, or circumvent any rate limiting, authentication, or access control mechanisms implemented across the platform.
• Use automated scripts, bots, or unapproved scrapers to extract conversational data, metrics, or proprietary system layouts.

5. Intellectual Property Rights & Data Ownership

Platform Ownership: LUXIRA KOZMETİK TİCARET LİMİTED ŞİRKETİ retains all right, title, and interest in and to the LUXIRA CRM software, user interfaces, database designs, proprietary algorithms, documentation, brand trademarks, and logos.

Customer Data Ownership: As between the parties, Customer retains all proprietary rights, title, and interest in and to conversational content, message history, customer profiles, and business media uploaded or routed through the Service. Customer grants Company a non-exclusive, royalty-free, limited license to host, cache, and transmit Customer Data solely to the extent necessary to deliver the contracted services.

6. 90-Day Retention Cycle & Lifecycle Cleanup

Customer explicitly acknowledges and agrees that customer chat transcripts, media attachments, and Page-Scoped IDs are retained for an operational lifecycle of exactly 90 calendar days. Following the conclusion of this 90-day period, all conversational data is automatically and irreversibly expunged from production databases. Customer is responsible for exporting any records required for long-term compliance prior to lifecycle expiration.

7. Service Availability, SLA & Third-Party Dependencies

Uptime Commitment: Company targets an operational service uptime of 99.5% for the core CRM inbox, excluding scheduled maintenance windows announced in advance.

Third-Party Platform Disclaimer: Customer acknowledges that the Service relies upon external APIs and webhooks operated by Meta Platforms, Inc. Company shall not be held liable for communication delays, undelivered messages, or temporary service disruptions resulting directly from Meta Graph API downtimes, rate-limiting restrictions, platform policy changes, or telecommunication outages outside Company’s reasonable control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXIRA KOZMETİK TİCARET LİMİTED ŞİRKETİ, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE. COMPANY’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey. Any dispute, controversy, or claim arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the competent Commercial Courts and Execution Offices of Istanbul (Bakırköy / Çağlayan), Turkey.