Terms of Service

These terms of service (“Terms” or “Terms of Service”) govern your relationship with 0910608 B.C. Ltd. doing business as Lucy Media (“Lucy,” “us”, “we” or “our”) and the SMS-based social media posting service offered by Lucy (the “Service”).

Your access to and use of the Service is based on your acceptance of and compliance with these Terms, which apply to all those who use the Service.

By texting our toll-free number or subscribing to the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the Terms, in whole or in part, please do not use the Service.

1. The Service

You text us photos and instructions at our toll-free number; we generate posts, text you the posts to preview and approve and — once you approve — post them to your organization’s social media accounts (such as Instagram and Facebook).

2. Messaging and consent

Your initial text to us at 1-888-416-5829 is the only way to begin. When we reply to you — with post previews for your approval, or answers to your questions — these are replies to text messages you send us. Lucy also confirms when a previewed post has been posted, which is not a reply to a text.

Subscribing does not start any messages. We will not text you unless you have texted us first, and there is no way to buy a plan without doing so.

Separately, Lucy can send occasional notices: a reminder when a social media connection is about to expire, or an account or billing notice. We ask you during setup whether you want these, and no is a complete answer — if you decline, everything else works exactly the same and you lose nothing. You may also reply QUIET at any time to switch these notices off, or NOTICES to turn them back on.

We never send marketing texts. Message frequency varies with how you use the Service. Message and data rates may apply. Reply STOP to opt out of all messages or HELP for help.

Agreeing to receive texts is separate from accepting these Terms and our Privacy Policy, and we never charge you per message.

3. Accounts and eligibility

You must be at least 18 to use the Service. If you are not acting on your own, you must be authorized to act for the organization you represent and authorized to post to the organization’s social media accounts. Your phone number is your account identifier — keep control of it and tell us promptly at hello@lucy.media if it changes or changes hands.

4. Plans, quotas and payment

• New accounts start with a free month at the Grow plan’s level (currently 60 posts and up to 6 connected accounts), with no payment details required. When it ends you may choose a plan; if you do not, posting stops and your data is handled as for a cancelled account.
• Plans and prices are as published at lucy.media and may change on notice under section 12. Each plan includes a monthly quota of posts and a maximum number of connected social media accounts.
• Fees are billed monthly in advance through Stripe, in the currency shown when you subscribe. Fees are not refundable. Prices are shown before tax; applicable taxes are calculated and added at checkout. We never see or store your card details.
• Post quotas reset at the start of each new monthly billing cycle. Unused posts do not roll over. We never bill overage automatically — if you reach your quota we tell you, and you may either move to a larger plan or wait for your next billing cycle.
• Text BILLING at any time for a secure link to manage your payment details, change plan, or cancel. We never ask for card details over SMS — please do not text them to us.

5. Approval and posting

Nothing is posted without your reply approving the preview post. You are responsible for the content of posts you approve, including rights to any photos you send us. Our audit log of previews, replies, and approvals is the record of what was authorized.

6. Content we may decline

We may decline to generate, or may remove, content that violates the terms of the social media platforms we post to, infringes third party intellectual property rights, is unlawful, or that we reasonably consider harmful or deceptive. Where practical, we will tell you why by text.

7. Cancellation and no refunds

• You may cancel at any time by texting CANCEL (we will confirm before cancelling) or through the billing portal.
• Cancelling stops renewal. Your service continues until the end of the month you have paid for, and then ends; you are not charged again. If you change your mind before then, text START and your plan simply carries on.
• Fees already paid are not refunded, in whole or in part. Your first month was free and needed no card, so you could decide before paying anything.
• When your service ends we disconnect from your social media accounts, delete the access tokens we hold, and delete your data in accordance with our Privacy Policy.

8. Referral credits

• You may share your referral link with other businesses. Each business that subscribes to the Grow plan using your link, and whose subscription remains in good standing, earns you a credit equal to 20% of what that business actually pays us, applied to your account each month for as long as their subscription continues and for as long as you are yourself subscribed to the Grow plan. Referrals made while you are on another plan are recorded and begin to earn if and when you subscribe to Grow.
• Credits are a discount on your own subscription. They are never paid in cash, are not transferable, have no cash value, and the total credit in any month is capped at the price of your own plan.
• You earn only from businesses that subscribe using your own link. You do not earn from businesses that they in turn refer. There is no fee to take part and nothing to buy.
• A referral begins earning after its first payment to us has been made and has been held for thirty days without refund or chargeback. Subscriptions on the Hook plan are not eligible to earn credits. A referred business that has previously had an account with us, or whose number has been on another account with us, is not eligible.
• A credit stops when the referred subscription is cancelled, lapses, is refunded or is charged back. Credits already applied to a past period are not reversed.
• We may change or end this programme at any time on notice; credits earned before a change are honoured for the month in which they were earned. We may withhold or reverse credits obtained by fraud, by creating accounts we would not otherwise have accepted, or in breach of these Terms.

9. Support

Text HELP at any time, or email hello@lucy.media. We aim to reply within 24 hours.

10. No warranties and limitation of liability

We work hard to post accurately and on time, but social media platforms, carriers, and networks fail sometimes; the Service is provided “as is” and we make no representations or warranties respecting uninterrupted operation, posting times, or engagement outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU “AS-IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICE IS AT YOUR SOLE RISK.

WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF LUCY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF LUCY, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR RELATED INFORMATION OR PROGRAMS.

Our total liability for any claim for direct damages is limited to the fees you paid us in the three months before the claim arose.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability is limited to the fullest extent permitted by applicable law.

11. Indemnity

You indemnify us and our subsidiaries, affiliates, officers, directors, agents, employees, partners, licensors and licensees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another. These include legal and accounting fees resulting from your use of the Service or from your breach of any of these Terms.

12. Changes

We may update the Terms at any time. Material changes will be announced by text at least 14 days before they take effect, and the amended Terms will be posted at lucy.media with an updated effective date. Continued use of Lucy after that is deemed to be acceptance of the updated Terms.

13. Links to other sites

Our messages to you contain links. Some of these links navigate you away from the Service, including to the site of our payment processor when you select a plan or manage your billing, and to the sites of the social media platforms when you connect an account or when we confirm that a post has been posted. Our website may also contain such links.

The linked sites are not under our control, and their content does not necessarily reflect our opinion. We provide these links as a necessary part of the Service, and access to any linked sites is at your own risk. The inclusion of any link does not imply that we recommend or endorse the linked site.

14. Governing law

The Terms are governed by the laws of British Columbia and the laws of Canada enforceable in British Columbia.

— Lucy Media · hello@lucy.media