PRIVACY POLICY
Last Updated: 2025-02-20
1. Introduction
Welcome to Loku.ai (the “Platform”), operated by LokuAI Tech Inc. (“we,” “us,” or “our”). This Privacy Policy explains how we collect, use, and share your personal information when you use Loku.ai or app.loku.ai (collectively, the “Services”). By accessing or using our Services, you agree to the terms of this Privacy Policy and our [Terms of Use]. If you do not agree, please discontinue the use of our Services immediately.
We are committed to complying with applicable privacy and data protection regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). If you have any questions or concerns about this Privacy Policy or your personal data, please contact us at info@loku.ai.
2. Information We Collect
We may collect both personal and non-personal information about you when you use our Services.
2.1 Information You Provide to Us
• Registration Data: Information such as username, email, phone number, password, date of birth, and account type (consumer or business).
• Profile Information:
o For consumers: additional data like profile pictures.
o For businesses: data like logo, business name, business description, address, and phone number.
• Verification and Security Data: Passcodes, verification codes, and other methods to ensure account security.
• User Content: Any in-app messages you exchange, inquiries, or forms you fill out on our Platform.
2.2 Information We Collect Automatically
• Usage Data: Pages visited, date and time of visits, links clicked, and interactions with the Services.
• Device and Technical Data: IP address, browser type, device type, operating system, unique device identifiers, and other diagnostic data.
• Location Data: For businesses, GPS/geolocation (when permitted) to enable discoverability and matching.
2.3 Cookies and Similar Technologies
We use cookies, pixel tags, and similar tools to personalize and improve our Services. You can manage cookie preferences in your browser settings; however, disabling cookies may limit some functionalities of the Services.
3. How We Use Your Information
We use your information for the following purposes:
• Service Provision: To create and manage your account, facilitate consumer-business matches, handle in-app messages, and personalize recommendations.
• Customer Support: To respond to inquiries, provide technical assistance, or address account-related issues.
• Marketing and Promotions: With your consent, we may send newsletters, offers, or other marketing materials we think may interest you.
• Analytics and Improvements: To analyze user behavior, improve existing features, and develop new ones.
• Legal Compliance and Security: To comply with laws, prevent fraud, protect our rights, and enforce our Terms of Use.
4. Legal Basis for Processing (GDPR)
If you are located in the European Economic Area (EEA) or the UK, we process your personal data under one or more of the following legal bases:
• Consent: Where you have given explicit consent for specific purposes.
• Contract: Where processing is necessary for the performance of a contract with you or to take steps at your request prior to entering into a contract.
• Legal Obligation: Where processing is required to comply with a legal obligation.
• Legitimate Interests: Where processing is necessary for our legitimate interests (e.g., to operate and enhance the Services), unless overridden by your interests or fundamental rights and freedoms.
5. Data Retention
We keep personal data for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. We may anonymize your data for analytical purposes, in which case we may use it indefinitely without notice.
6. Sharing Your Information
We may share your information in the following circumstances:
1. Service Providers: With third parties who perform functions on our behalf (e.g., hosting, analytics, payment processing, email marketing).
2. Business Transfers: If we undergo a merger, acquisition, or sale of assets, your personal data may be transferred.
3. Legal Obligations: If required to do so by law, or in response to valid requests by public authorities.
4. OpenAI and Other AI Providers:
o We use third-party AI services (e.g., OpenAI, Google Gemini) to power certain features (e.g., inquiry matching).
o Information or inquiries you submit may be shared with these AI providers.
o We do not control how these providers handle your data once transmitted.
5. Consent: Where you have explicitly provided your consent.
6. Third-Party Services and Data Transfers
• Stripe: Used for payment processing. Stripe may collect and store payment information. Refer to Stripe’s Privacy Policy for details on how they handle your data.
• Firebase Analytics: We may use Firebase Analytics (or another analytics provider) to understand user engagement. Refer to Google’s Privacy Policy for details on how they collect and use data.
• OpenAI / Google Gemini: Certain inquiries and data may be processed by these AI systems. Refer to their respective privacy policies for more details.
Your data may be transferred to and processed in countries other than your own, which may have different data protection laws. We take appropriate measures (e.g., Standard Contractual Clauses) to ensure adequate protection when transferring data internationally.
8. Data Security
We implement commercially reasonable security measures to protect your personal data from unauthorized access, use, alteration, or disclosure. However, no method of transmission or storage is 100% secure. You acknowledge that you provide your personal data at your own risk.
9. Children’s Privacy
Our Services are not intended for individuals under the age of 13 (or 16 where applicable). We do not knowingly collect personal data from children. If you believe we have inadvertently collected information from a child, contact us at info@loku.ai, and we will delete the information promptly.
10. California Privacy Rights (CCPA)
California residents have specific rights under the California Consumer Privacy Act (CCPA), including the right to know, delete, and opt out of the sale of personal information. We do not sell personal data. To exercise these rights, please contact info@loku.ai.
11. Your Data Protection Rights (GDPR)
If you are in the EEA or UK, you have the right to:
• Access: Request a copy of the personal data we hold about you.
• Rectification: Request corrections for inaccurate or incomplete data.
• Erasure: Request deletion of your personal data, subject to legal obligations.
• Restriction: Request restrictions on processing your data.
• Objection: Object to certain processing (e.g., direct marketing).
• Portability: Receive your data in a structured, commonly used, machine-readable format.
To exercise these rights, contact us at info@loku.ai.
12. Email Marketing and Opt-Out
By providing your email, you consent to receiving marketing and promotional messages from us. You can opt out at any time by following the unsubscribe link in emails or by contacting info@loku.ai. Note that transactional emails regarding your account (e.g., password resets) may still be sent even if you opt out of marketing.
13. Changes to This Privacy Policy
We may update this Privacy Policy periodically to reflect changes in our practices or for legal and regulatory reasons. We will post the new version on our Platform and update the “Last Updated” date. Your continued use of our Services following these changes constitutes your acceptance of the revised Privacy Policy.
14. Liability and Indemnification
To the maximum extent permitted by law:
• No Liability for Third-Party Services: We are not liable for any misuse or data handling practices of third-party services, including OpenAI, Stripe, Firebase Analytics, or any other external providers.
• Indemnification: You agree to indemnify, defend, and hold harmless LokuAI Tech Inc. for any claims arising from your misuse of personal data, violation of this Privacy Policy, or infringement of any third-party rights.
15. Contact Us
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:
Email: info@loku.ai
LokuAI Tech Inc.
Thank you for reading our Privacy Policy. Your use of Loku.ai signifies your agreement to all the provisions contained herein. If you do not agree, please discontinue use of our Services immediately.
TERMS OF USE
Last Updated: [2025-01-02]
1. Acceptance of Terms These Terms of Use (“Terms”) govern your access to and use of the Loku.ai and app.loku.ai websites and mobile applications (collectively, the “Services”), operated by LokuAI Tech Inc. (“we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please discontinue use of the Services immediately.
2. Eligibility
• Age Requirement: You must be at least 13 years old (or older if required by local law) to use our Services.
• Compliance: By using our Services, you represent and warrant that you meet all eligibility requirements and will comply with all applicable laws and regulations.
• Right to Refuse Service: We reserve the right to refuse service, suspend accounts, or cancel user access if we have reason to believe you have violated these Terms or any applicable law.
3. Account Registration and Responsibilities
• Account Creation:
– You must provide accurate and complete information during registration.
– You are responsible for maintaining the confidentiality of your login credentials.
• Account Types:
– Consumer Account: For individuals seeking to make inquiries or find local businesses.
– Business Account: For businesses seeking to connect with consumers.
• Security:
– You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
– We are not liable for any loss or damage arising from your failure to comply with these security obligations.
• Account Information:
– You are solely responsible for the information you provide and must ensure that it remains accurate and up to date.
– We do not conduct background checks or otherwise guarantee the identity or legitimacy of any user or business. You acknowledge and accept the risk of possible fake or fraudulent accounts.
4. User Conduct
You agree not to:
• Violate any applicable laws or regulations.
• Infringe the rights of others, including intellectual property, privacy, or contractual rights.
• Upload or transmit any viruses, malware, or harmful code.
• Collect or store personal data about other users without their explicit consent.
• Disrupt, interfere with, or hinder the proper functioning of the Services.
• Misrepresent yourself or your affiliation with any person or entity.
5. Intellectual Property Rights
• Ownership: All content, features, and functionality on the Services (including text, graphics, logos, icons, images, software, and audiovisual content) are owned by us or our licensors and are protected by intellectual property laws.
• Restrictions: You may not:
– Reproduce, distribute, modify, or create derivative works of our content.
– Publicly display or exploit our content without our prior written consent.
6. In-App Messaging and User Content
• User Content:
– You may post, upload, or transmit content (messages, images, etc.) within the Services.
– You retain ownership of your content but grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, modify, and display your content to facilitate the Services.
• Prohibited Content:
– You agree not to post or share any content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable.
– You also agree not to post any content that infringes on any third party’s rights (including intellectual property and privacy rights).
• No Obligation to Monitor:
– We do not undertake any obligation to monitor user-generated content, but we reserve the right to remove or disable access to any content at our discretion.
7. Matching Services and AI Integrations
• Disclaimer:
– Our Services use AI—including third-party AI providers such as OpenAI, Google Gemini, or others—to match consumers with businesses offering relevant products or services.
– We do not guarantee the accuracy, completeness, or suitability of any match, recommendation, or AI-generated content.
• No Warranty:
– We do not warrant that any match or recommendation will meet your requirements or expectations.
• No Liability:
– We are not liable for any relationship, contract, or transaction formed between consumers and businesses on our Platform.
– All agreements are strictly between the parties involved. You acknowledge that we do not conduct background checks on businesses or users.
• Third-Party AI Providers:
– By using our matching Services, you acknowledge that any inquiries or data you provide may be shared with third-party AI service providers.
– We do not control how these third parties handle or store your data, and you agree that LokuAI Tech Inc. is not liable for any acts or omissions of these third-party providers.
8. Payments, Subscriptions, and Refund Policy
• Stripe Payments:
– We use Stripe (or another third-party payment processor) to manage all payment transactions for the Services, including any Pro Plan for businesses.
– By providing payment information, you authorize us (or our third-party payment processor) to charge applicable subscription fees.
• Recurring Payments:
– If you opt for a recurring subscription (e.g., monthly or annual Pro Plan), payments will be automatically charged at the beginning of each billing cycle unless you cancel.
• Refund Policy:
– No Refunds: All fees paid for the Pro Plan are non-refundable.
– You are responsible for canceling your subscription before the next billing cycle if you do not wish to continue.
• Subscription Cancellations:
– You can cancel at any time in your account settings. Cancellation will take effect at the end of the current billing cycle.
• Pricing Changes:
– We reserve the right to change our subscription pricing or structure. If we do, we will provide reasonable notice as required by applicable law.
9. Availability and Maintenance
• Downtime:
– We may schedule or perform routine maintenance, updates, or emergency repairs. This may result in temporary unavailability of the Services.
– We are not liable for any losses or damages arising from any interruption or cessation of the Services.
• No Guarantee of Error-Free Operation:
– We do not guarantee that the Services will always be secure, uninterrupted, or error-free.
• Feature Changes:
– We may, at our discretion, add, modify, or remove features of the Services at any time.
10. Disclaimers of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOKUAI TECH INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that:
• The Services will be uninterrupted, secure, or error-free.
• The results obtained from the Services (including AI-generated results) will be accurate or reliable.
• Any errors or defects will be corrected.
• The information or content (including user-generated or AI-generated content) will be free from mistakes, inaccuracies, or misrepresentations.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOKUAI TECH INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOST PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF LOKUAI TECH INC. FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US FOR THE USE OF THE SERVICES IN THE PAST THREE (3) MONTHS; OR (B) ONE HUNDRED (100) US DOLLARS.
• Third-Party Activities:
– We do not endorse, warrant, or guarantee any product or service offered by third parties, including businesses on our platform.
– We have no liability for any transactions, agreements, or disputes between you and any third party (including other users and businesses).
12. Indemnification
You agree to defend, indemnify, and hold harmless LokuAI Tech Inc., its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including reasonable attorneys’ fees) arising from:
• Your use or misuse of the Services.
• Your violation of these Terms.
• Your violation of any third-party right, including intellectual property, privacy, or other proprietary rights.
• Your interactions, agreements, or disputes with other users or third-party businesses.
13. Release
You release LokuAI Tech Inc. from any liability related to any disputes between you and other users or third parties in connection with your use of the Services. We do not control and are not responsible for any user-generated content, interactions, or disputes that arise through the Services, nor do we conduct any verification or background checks on users or businesses.
14. Modifications to the Services and Terms
• Service Modifications:
– We reserve the right to modify or discontinue the Services at any time, temporarily or permanently, with or without notice.
• Terms Updates:
– We may update these Terms from time to time. The most current version will be posted on our platform. Your continued use of the Services after any such changes indicates your acceptance of the updated Terms.
15. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which LokuAI Tech Inc. is established, without regard to conflict of law principles. All disputes shall be resolved in the exclusive courts of that jurisdiction unless otherwise required by applicable law.
16. Severability and Waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of that provision or any other provision.
17. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and LokuAI Tech Inc. regarding your use of the Services and supersede any prior agreements. Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18. Contact Us
If you have any questions about these Terms or any other aspect of our Services, please contact us at:
Email: info@loku.ai
LokuAI Tech Inc.