LoTops Terms of Service
1. Acceptance of Terms
By accessing the LoTops.com web site and any of the services (the ‘Service’) of LoTops (“LoTops”), you are agreeing to be subject to the following terms and conditions (“Terms of Service”).
LoTops may update and change this Terms of Service from time to time without notice. You can review the current version of this Terms of Service at https://lotops.com/terms-of-service/. The revised terms and conditions will become effective upon posting. Continued use of the Service after such changes shall constitute Your acceptance of such changes. If any change to this Terms of Service is not acceptable to You, Your only remedy is to stop accessing and using the Service.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
2. Description of Service
The “Service” includes access to (a) the Lotops.com web site, (b) the subscription-based LoTops business software (c) all support services offered by LoTops (d) all data, text, images, sounds, video, and content made available through the web site (collectively referred to as the “Content”). Any new features added to the Service are also subject to this Terms of Service.
3. General Conditions
3.1 Subject to the terms and conditions of this Terms of Service, You may access and use the Service only for Your internal business needs. You shall not allow any unauthorized user to access or use the Service. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Terms of Service; (b) copy, modify or distribute any portion of the Service; (c) use the Service to process data on behalf of any third party; or (d) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject to Your compliance with this Terms of Service, LoTops grants You a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with Your permitted use of the Service and solely for Your internal business purposes.
3.3 Subject only to the limited right to access and use the Service expressly granted to You under this Terms of Service, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to LoTops. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with LoTops, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.4 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service (“Your Content”). LoTops may, but has no obligation to, remove Content and Accounts containing Content that LoTops determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Terms of Service. You will not send bulk unsolicited email through the Service. You must not transmit any worms or viruses or any code of a destructive nature. You are responsible for maintaining the confidentiality of Your Account and are fully responsible for any and all activities that occur under Your Account. You agree and acknowledge that Your Account may only be used by one (1) person – a single Account shared by multiple people is not permitted. You may create separate Accounts for as many people as Your plan allows. LoTops reserves the right to access any or all your Accounts in order to respond to your requests for technical support.
3.5 You must be a human to use the Service. Account registration by ‘bots’ is strictly prohibited. You must be at least 13 years of age to use the Service. You must provide accurate responses to all requested Account information upon registration.
3.6 You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to LoTops’ third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.7 Technical support is only provided to paying Account holders and is only available via email.
3.8 The failure of LoTops to exercise or enforce any right or provision of this Terms of Service shall not be a waiver of that right. You acknowledge that this Terms of Service is a contract between You and LoTops, even though it is electronic and is not physically signed by You and LoTops, and it governs Your use of the Service and takes the place of any prior agreements between You and LoTops.
3.9 As between LoTops and You, the Service and Content (except Your Content) and all intellectual property rights therein are the exclusive property of LoTops or its licensors. You or Your licensors own all intellectual property rights in Your Content. All of Your Content posted on the Service must comply with US copyright law. Each party reserves all rights not expressly granted to the other party under this Terms of Service or the Agreement.
3.10 LoTops maintains the right, but not the obligation, to refuse or remove any Content that is available via the Service.
3.11 Oral, physical, written or other abuse (including threats of abuse or retribution) of any Lotops customer, employee, member, or officer will result in immediate account termination.
3.12 If Your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by LoTops) of other LoTops customers, LoTops reserves the right to immediately disable Your Account or throttle Your file hosting until You can reduce Your bandwidth consumption.
4. API Terms
4.1 You may access the Service via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this Terms of Service plus the following specific terms:
You expressly understand and agree that LoTops shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LoTops has been advised of the possibility of such damages), resulting from Your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to LoTops via the API may result in the temporary or permanent suspension of Your account’s access to the API. LoTops, in its sole discretion, will determine abuse or excessive usage of the API. LoTops will make a reasonable attempt via email to warn the account owner prior to suspension.
LoTops reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof) with or without notice.
“LoTops” and LoTop’s various logos used or displayed on the Service are trademarks of LoTops and You may only use these trademarks or logos for promotional purposes to identify Yourself as a customer or user of the LoTops products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
6. Payment and Refunds
6.1 A valid credit card is required for all Accounts. After signing up for Your Account, if You don’t cancel Your account within 14 days, You will be billed monthly starting on the 15th day after Your account was initially created. If You cancel prior to the processing of Your first invoice on the 30th day, You will not be charged. An upgrade from Your free trial to a paying Plan will end Your free trial. You will be billed for Your first month immediately upon upgrading. The Service is billed in advance on a monthly basis. There will be no refunds or credits for partial months of service. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. Prices of the Service, including but not limited to monthly fees for the Service, are subject to change upon 30 days’ notice from LoTops. Such notice may be provided at any time by posting the changes to the LoTops website (LoTops.com) or the Service itself. LoTops shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. In addition, special pricing may apply for customers with an exceptionally high number of end-users or an unusually high monthly usage of the Service. LoTops does not provide refunds or credits.
6.2 LoTops provides an interface for the Account owner to change credit card information (e.g., upon card renewal). The Account owner will receive an email receipt upon each credit card charge. LoTops uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for LoTops.
7. Cancellation and Termination
7.1 You are responsible for properly cancelling Your account. The Account owner can cancel the account at any time by clicking on the ‘Cancellation’ button under the ‘Account’ tab in the main management dashboard. There are no other means of cancelling Your account. All of Your Content will be deleted from the Service immediately upon cancellation. This information cannot be recovered once Your account is cancelled. If You are subscribed to the Paid Plan and You cancel the Service, Your cancellation will take effect immediately and You will not be charged again.
7.2 LoTops reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if LoTops believes that You have violated this Terms of Service. LoTops will use diligent efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. LoTops shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
8. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE WEB SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND LOTOPS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT LOTOPS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM LOTOPS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
You will indemnify and hold harmless LoTops and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your access to or use of the Service or Content and (ii) Your violation of this Terms of Service.
10. LIMITATION OF LIABILITY
10.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL LOTOPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, LOTOPS SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS OF SERVICE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERMS OF SERVICE.
10.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, LOTOP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LoTops may assign or transfer this Terms of Service, in whole or in part, without restriction.
12. Export Compliance
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
13. Governing Law
This Terms of Service shall be governed by the laws of the State of Texas without regard to the principles of conflict of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Texas for the purpose of resolving any dispute relating to Your access to or use of the Service.
14. Contact Information
If you have any questions about this Terms of Service, please contact LoTops at https://lotops.com/support/.