Please read these Terms carefully before subscribing to LuckyTools. By checking the agreement box at checkout, submitting your payment information, or otherwise accessing the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Contents
Throughout these Terms, the following words have the meanings below:
LuckyTools provides a data analytics and performance reporting platform designed for direct-to-consumer (DTC) brands. Subject to your payment of applicable fees and compliance with these Terms, LuckyRev grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription period.
The features available to you depend on your Subscription Plan. LuckyRev reserves the right to modify the features included in each plan with thirty (30) days' written notice. A current description of features per plan is available at luckyrev.com/luckytools-pricing.
Growth and Elite plan subscribers receive automated daily Slack briefings targeted for delivery by 5:00 AM Pacific Time on business days. LuckyRev makes commercially reasonable efforts to deliver briefings on schedule but does not guarantee uninterrupted or error-free delivery. Delivery may be delayed due to third-party data connector outages, platform API changes, or force majeure events.
Following subscription activation, LuckyRev will contact you within one (1) business day to initiate onboarding. Full data connector setup is targeted for completion within five (5) business days, subject to your timely provision of required access credentials and authorizations.
LuckyRev may update, modify, or discontinue features of the Service at any time. For material reductions in core functionality, we will provide at least thirty (30) days' advance notice. We will not be liable for any modification, suspension, or discontinuation of the Service or any part thereof.
Subscription fees are billed monthly or annually in advance, depending on the billing cycle selected at checkout. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in Section 4.
Core and Growth plans are subject to a one-time setup fee payable at the time of initial subscription. Setup fees are waived for annual billing commitments and for Elite and Custom plan subscribers. Setup fees are non-refundable once onboarding has commenced.
Certain data connectors and features are available as paid add-ons (including, without limitation, TikTok Shop, Connected TV, Amazon Seller Central, and Amazon Ads integrations). Add-on fees are charged in addition to your base subscription fee and are billed on the same cycle as your subscription.
Subscriptions automatically renew at the end of each billing period unless cancelled in accordance with Section 4. By subscribing, you authorize LuckyRev (or its payment processor) to charge your payment method on file for each renewal period.
LuckyRev may change subscription pricing with at least thirty (30) days' written notice prior to your next renewal date. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.
If payment fails, LuckyRev will notify you and may suspend access to the Service until payment is received. Accounts with outstanding balances past thirty (30) days may be terminated pursuant to Section 14.
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities on your subscription fees, excluding taxes on LuckyRev's net income.
You may cancel your subscription at any time by providing written notice to LuckyRev at hello@luckyrev.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of the paid period.
LuckyRev does not provide pro-rata refunds for partial billing periods. If you cancel mid-period, you will not receive a refund for the unused portion of that period.
LuckyRev may, at its sole discretion, issue a refund in cases where: (a) the Service was materially non-functional for a period of five (5) or more consecutive business days due to LuckyRev's fault; or (b) LuckyRev terminates your subscription without cause pursuant to Section 14.2. Refunds, if granted, will be issued to the original payment method within ten (10) business days.
One-time setup fees are non-refundable once onboarding has commenced, regardless of cancellation timing.
To use the Service, you must authorize LuckyTools to connect to and retrieve data from your third-party platforms (including, without limitation, Shopify, Meta Ads, Google Ads, TikTok Ads, Klaviyo, and Google Analytics). By providing such authorization, you represent and warrant that: (a) you have the legal right to grant such access; (b) doing so does not violate any applicable law, regulation, or third-party terms of service; and (c) you have obtained all necessary consents from your customers and data subjects as required by applicable privacy laws.
Your use of data connectors is subject to the terms of service and API policies of the respective third-party platforms. LuckyRev is not responsible for changes to third-party APIs that affect the availability or accuracy of data within the Service.
The accuracy and completeness of Outputs depend on the quality, accuracy, and completeness of Client Data provided through connected platforms. LuckyRev is not responsible for errors or inaccuracies in Outputs that result from errors, gaps, or discrepancies in Client Data at the source.
You retain all ownership rights to your Client Data. LuckyRev does not claim any ownership interest in Client Data.
You grant LuckyRev a limited, non-exclusive license to access, process, and use your Client Data solely for the purpose of providing the Service to you. LuckyRev will not use your Client Data for any purpose other than operating and improving the Service.
LuckyRev may use aggregated, anonymized, and de-identified data derived from all subscribers (with no individual subscriber identifiable) for internal analytics, product development, and benchmarking purposes. No personally identifiable information or brand-specific data will be shared with third parties in this context.
LuckyRev implements commercially reasonable technical and organizational security measures to protect Client Data against unauthorized access, disclosure, alteration, or destruction. However, no method of electronic transmission or storage is 100% secure, and LuckyRev cannot guarantee absolute security.
Upon termination or cancellation of your subscription, LuckyRev will retain your Client Data for thirty (30) days during which you may request an export. After thirty (30) days, LuckyRev will delete or anonymize your Client Data in accordance with our data retention practices, except as required by applicable law.
LuckyRev may engage sub-processors (third-party service providers) to assist in delivering the Service. All sub-processors are contractually required to protect Client Data to standards consistent with these Terms. A list of current sub-processors is available upon request.
LuckyRev and its licensors own all right, title, and interest in and to the Service, including all underlying software, algorithms, models (including LuckyProphet and LuckyMMM), methodologies, dashboards, user interfaces, and documentation. These Terms do not transfer any intellectual property rights to you.
Outputs generated by the Service using your Client Data are provided to you for your internal business use. You may use, share, and reproduce Outputs for your own business purposes. You may not resell, license, or commercially distribute Outputs as a standalone product without LuckyRev's prior written consent.
If you provide LuckyRev with feedback, suggestions, or ideas regarding the Service, you grant LuckyRev a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation to you.
The Service generates analytical Outputs including performance reports, revenue forecasts, media mix models, and strategic recommendations. You acknowledge and agree that:
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Each party agrees to: (a) protect such information with at least the same degree of care it uses for its own confidential information, but no less than reasonable care; and (b) use such information only for purposes of performing obligations or exercising rights under these Terms. Confidentiality obligations do not apply to information that: (i) is or becomes publicly known through no breach by the receiving party; (ii) was rightfully known prior to disclosure; (iii) is independently developed without use of confidential information; or (iv) is required to be disclosed by law or court order.
You agree not to:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCKYREV EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. LUCKYREV DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA OR OUTPUTS WILL BE ACCURATE OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUCKYREV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL LUCKYREV'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO LUCKYREV IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless LuckyRev 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 in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Client Data, including any claim that your Client Data infringes or misappropriates any third-party intellectual property right or violates any privacy right; or (e) any dispute between you and a third party.
You may terminate your subscription at any time by cancelling in accordance with Section 4.1. Termination takes effect at the end of the current billing period.
LuckyRev may suspend or terminate your access to the Service: (a) immediately, without notice, if you materially breach these Terms (including non-payment, prohibited use, or misuse of Client Data); or (b) with thirty (30) days' notice for any other reason. In the event of termination by LuckyRev without cause, you will receive a pro-rata refund of any prepaid fees for the unused portion of your billing period.
Upon termination: (a) your right to access the Service immediately ceases; (b) LuckyRev will retain and then delete your Client Data as described in Section 6.5; and (c) any provisions of these Terms that by their nature should survive termination (including Sections 6.1, 7, 8, 9, 11, 12, 13, and 16) will survive.
LuckyRev reserves the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' notice via email to the address on file or via a prominent notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription prior to the effective date.
These Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with proceedings conducted in Las Vegas, Nevada. Each party waives its right to a jury trial and to participate in a class action. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.
If you have questions about these Terms, please contact us: