Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your use of LockedX B.V.'s anti-fraud sensor technologies and related services ("Services") during our experimental beta phase. By accessing or using our Services, you agree to be bound by these Terms.

Company Details:

  • LockedX B.V.

  • Address: Herengracht 280, Amsterdam, 1016BX, Netherlands

  • KvK Number: 98029967

  • Contact: hi@lockedx.com

IMPORTANT BETA NOTICE: Our Services are currently in experimental beta phase. This significantly affects your rights, our obligations, and liability limitations as detailed throughout these Terms.

2. Beta Service Disclaimer and Limitations

2.1 Experimental Nature

Our Services are provided on an experimental, "AS IS" basis during beta testing. This means:

  • No Service Level Agreements (SLAs): We provide no guarantees regarding uptime, availability, or performance

  • Feature Instability: Services may be modified, interrupted, or discontinued without notice

  • Data Loss Risk: While we implement safeguards, beta data may be lost or corrupted

  • Algorithm Changes: Our fraud detection algorithms are actively being developed and may produce inconsistent results

2.2 Beta Participation Acknowledgment

By using our beta Services, you acknowledge and agree that:

  • You are participating in experimental software testing

  • Results may not be representative of final production performance

  • Your use is voluntary and for testing/evaluation purposes

  • You assume all risks associated with beta software usage

2.3 No Production Use Recommendation

WARNING: Beta Services are NOT recommended for production environments or mission-critical applications. Use in production systems is at your sole risk.

3. Service Description and Scope

3.1 Anti-Fraud Technology

LockedX provides behavioral analysis and bot detection services including:

  • Client-side sensor technology for behavioral data collection

  • Real-time fraud risk assessment and scoring

  • Stateless token-based authentication system

  • Advanced proof-of-work analysis and device fingerprinting

3.2 Service Availability

Beta Limitations:

  • Services may be unavailable without notice for maintenance, updates, or testing

  • Response times and accuracy are not guaranteed

  • Geographic availability may be limited or change during testing

  • API endpoints and functionality may change without backward compatibility

3.3 Integration Requirements

You are responsible for:

  • Proper implementation of our sensor technology

  • Compliance with end-user privacy requirements in your jurisdiction

  • Testing integration before any production deployment

  • Monitoring and handling service interruptions gracefully

4. Liability Limitations and Disclaimers

4.1 Maximum Liability Limitation

TO THE MAXIMUM EXTENT PERMITTED BY DUTCH AND EU LAW:

Our total liability to you for all claims arising from or related to these Terms or your use of our Services shall not exceed the lesser of:

  • €500 (five hundred euros) in aggregate; or

  • The total amount paid by you to LockedX in the 12 months preceding the claim

4.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, data, use, goodwill, or other intangible losses

  • Business interruption or lost business opportunities

  • Costs of procurement of substitute goods or services

  • Damages arising from reliance on beta software

  • False positives or false negatives in fraud detection

  • Security breaches in third-party systems

  • Damages caused by force majeure events

4.3 Beta-Specific Disclaimers

During the beta phase, we specifically disclaim liability for:

  • Inaccurate fraud detection results that may affect your business decisions

  • Service interruptions that impact your operations

  • Data inconsistencies or temporary data loss during system updates

  • Integration difficulties or compatibility issues

  • Performance degradation affecting your user experience

4.4 Dutch Law Compliance

These limitations comply with Dutch Civil Code provisions and are subject to mandatory consumer protection laws where applicable. Nothing in these Terms excludes liability for:

  • Death or personal injury caused by negligence

  • Fraud or fraudulent misrepresentation

  • Breach of statutory consumer rights under Dutch law

  • Other liability that cannot be excluded under applicable law

5. Indemnification

5.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless LockedX B.V., its officers, directors, employees, and agents from and against all claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our Services in violation of these Terms

  • Your violation of any law or regulation in connection with the Services

  • Your violation of any third-party rights, including privacy or intellectual property rights

  • Your implementation of our Services without proper end-user consent

  • Your use of our Services in production environments against our recommendations

  • Any content or data you provide or collect using our Services

5.2 Process

We will notify you of any such claim and cooperate in the defense. You may not settle any claim without our prior written consent.

6. Beta Testing Terms

6.1 Testing Obligations

As a beta participant, you agree to:

  • Provide feedback on Service performance and functionality

  • Report bugs, errors, or security vulnerabilities promptly

  • Use Services primarily for testing and evaluation purposes

  • Cooperate with our technical team for troubleshooting

6.2 Feedback and Improvements

Any feedback, suggestions, or reports you provide become our property and may be used to improve our Services without compensation to you.

6.3 Beta Termination

We may terminate or modify the beta program at any time, including:

  • Individual participant removal for Terms violations

  • Service feature modifications or removals

  • Transition to commercial service with different terms

  • Complete discontinuation of Services

Notice: We will provide 30 days' notice when commercially reasonable, but immediate termination may occur for security or technical reasons.

7. Data and Privacy

7.1 Data Processing

Our collection and processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. Key points:

  • We process data under GDPR legitimate interest basis for fraud prevention

  • All processing occurs within EU borders using geo-fenced infrastructure

  • We implement privacy-by-design principles in our beta development

7.2 Client Data Responsibilities

You are responsible for:

  • Obtaining proper consent from end users for data collection and processing

  • Compliance with applicable privacy laws in your jurisdiction

  • Providing clear privacy notices to users about our Services

  • Implementing data retention and deletion policies as required by law

7.3 Data Security

While we implement industry-standard security measures, during beta testing:

  • Security controls may be incomplete or under development

  • Data encryption and access controls are continuously being improved

  • You should not process highly sensitive personal data during beta

8. Intellectual Property

8.1 LockedX IP Rights

We retain all rights, title, and interest in our Services, including:

  • Proprietary algorithms and fraud detection methodologies

  • Client-side sensor technology and obfuscation techniques

  • API interfaces and documentation

  • All improvements and modifications made during beta

8.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our Services during the beta period for testing and evaluation purposes only.

8.3 Restrictions

You may not:

  • Reverse engineer, decompile, or attempt to extract our source code

  • Remove or modify any proprietary notices or labels

  • Use our Services to develop competing products

  • Sublicense or redistribute our technology to third parties

9. Compliance and Regulatory

9.1 Regulatory Compliance

Your Obligations:

  • Ensure your use complies with applicable laws in your jurisdiction

  • Obtain necessary licenses or permits for fraud prevention services

  • Comply with financial services regulations if applicable

  • Implement proper data protection measures per GDPR/local law

9.2 Export Controls

Our Services may be subject to EU export regulations. You agree not to export, re-export, or transfer our technology to prohibited jurisdictions or entities.

9.3 Beta Regulatory Status

During beta, our Services may not meet all regulatory requirements for production use in regulated industries (financial services, healthcare, etc.). Use in such contexts is at your sole risk.

10. Commercial Terms (Beta)

10.1 Beta Pricing

During the beta phase:

  • Services may be provided free of charge or at reduced rates

  • Pricing is subject to change without notice

  • No refunds for beta services unless required by mandatory law

10.2 Transition to Commercial Service

Upon beta completion:

  • We may offer commercial terms for continued service

  • You have no obligation to continue using our Services

  • Commercial terms will be subject to separate agreement

  • Beta data may be migrated or deleted based on commercial agreement

11. Termination

11.1 Termination Rights

Either party may terminate these Terms:

  • Immediately for material breach by the other party

  • With 30 days' notice for convenience during beta

  • Immediately if continued use would violate applicable law

11.2 Effect of Termination

Upon termination:

  • Your right to use our Services ceases immediately

  • We may delete your data per our retention policies

  • Provisions regarding liability, indemnification, and IP rights survive

  • You remain liable for any amounts owed prior to termination

11.3 Data Retrieval

You have 30 days after termination to retrieve any data, after which we may delete it in accordance with our Privacy Policy.

12. General Provisions

12.1 Governing Law and Jurisdiction
These Terms are governed by Dutch law. Any disputes will be resolved exclusively in the competent courts of Amsterdam, Netherlands, subject to:

  • EU consumer protection law where applicable

  • Mandatory local law provisions that cannot be excluded

12.2 Severability

If any provision is found unenforceable, the remainder of these Terms continues in full force and effect.

12.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between us regarding the Services.

12.4 Modifications
We may modify these Terms by:

  • Providing 30 days' notice of material changes

  • Posting updated Terms on our website

  • Continuing to use Services constitutes acceptance of changes

  • Beta participants may receive more frequent updates due to rapid development

12.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or cyberattacks.

12.6 Language

These Terms are provided in English. In case of conflicts with translations, the English version prevails.

13. Beta-Specific Terms Summary

KEY BETA LIMITATIONS SUMMARY:

  • ✅ Maximum €500 liability cap for all claims

  • ✅ No warranties or guarantees regarding performance

  • ✅ Experimental software disclaimers for all functionality

  • ✅ No production use recommendation with associated risk assumption

  • ✅ Service modification/termination rights with minimal notice

  • ✅ Limited data security guarantees during development

  • ✅ Comprehensive indemnification protection for LockedX

YOUR RESPONSIBILITIES:

  • ✅ Proper end-user consent and privacy compliance

  • ✅ Testing-only usage with production risk assumption

  • ✅ Feedback and bug reporting participation

  • ✅ Legal compliance in your jurisdiction

14. Contact Information

Legal and Terms Inquiries:

  • Email: legal@lockedx.com

  • Address: LockedX B.V., Herengracht 280, Amsterdam, 1016BX, Netherlands

Technical Support (Beta):

  • Email: support@lockedx.com

  • Response Time: Best effort during business hours (no SLA)

Emergency Security Issues:

  • Email: security@lockedx.com

  • Available: 24/7 for critical security matters

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service are designed to comply with Dutch contract law, EU consumer protection regulations, and international software licensing standards. Please consult with legal counsel to ensure compatibility with your specific use case and jurisdiction.