Last revised: 11/26/2024
This Lotin Enterprise Terms of Service Agreement (this “Agreement” or “Terms”) is entered into by and between Lotin Enterprise and you. This Agreement sets forth the terms and condition of your use of Lotin Enterprise services (the “Services”).
The terms “we”, “us” or “our” shall refer to Lotin Enterprise. The terms “you” or “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Acceptance of Terms
1.1 By subscribing to or using our services, you acknowledges that you have read, understood, and agree to these Terms of Service.
1.2 If you does not agree to these Terms, you must not use or subscribe to the services.
1.3 Your continued use of the services following any updates to these Terms constitutes acceptance of the revised Terms.
2. Description of Services
2.1 Lotin Enterprise offers subscription-based website services that include:
2.2 Other related services such as domain name and email, or additional services beyond the scope of the subscription (e.g., redesigns, new features) may incur separate fees as determined by Lotin Enterprise.
3. Your Account
3.1 Account Creation: To access the our services or some features, you may be required to creation an account. You must provide accurate and complete information during the onboarding process.
3.2 Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
3.3 Unauthorized Use: You must notify the us immediately of any unauthorized use of your account or other security breaches.
4. Service Plan and Fees
4.1 Description of Plans: Lotin Enterprise offers different service plans, which may include varying levels of website functionality, support, and maintenance. Each plan is outlined in detail in the Service Agreement or subscription plan chosen by you.
4.2 Plan Upgrades/Downgrades: You may request to upgrade or downgrade their service plan at any time by providing written notice to Lotin Enterprise. Changes to the plan will take effect on the next billing cycle.
4.3 Included Services: Each service plan includes a specified set of services, such as hosting, maintenance, technical support, and website updates, as outlined in the plan’s description.
4.4 Exclusions and Limitations: Any services not explicitly included in the selected service plan may incur additional charges at Lotin Enterprise’s standard rates of $120.00 per hour or as quoted.
4.5 Onboarding Fee: Some service required a one-time, non-refundable fee due before service commencement. This fee covers the process of bringing you up to speed with the service with may include: training, account setup, personalized implementation and integration services.
5. Ownership and Licensing
5.1 The website design, platform, and CMS are the intellectual property of Lotin Enterprise.
5.2 You granted a limited, non-transferable license to use the website for the subscription duration.
5.3 Upon termination of services, the Client's access to the website and CMS will be revoked unless otherwise agreed.
5.4 You retain ownership of all original content (e.g., text, images) that you provide, upload or create using our Services. By using our Services, you grant Lotin Enterprise a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your content solely for the purpose of providing the Services.
6. Service Limitations
6.1 Scope of Services: Lotin Enterprise’s services are limited to the features and support explicitly included in the selected service plan.
6.2 Exclusions: The following are not included in the standard services unless explicitly agreed upon:
6.3 Third-Party Dependencies: Lotin Enterprise is not responsible for outages, errors, or limitations caused by third-party providers or platforms that impact the website’s functionality.
6.4 Performance Guarantees: While we strives to deliver reliable services, uptime or uninterrupted performance is not guaranteed.
6.5 Modifications and Updates: Lotin Enterprise may modify or update the platform to enhance performance, security, or functionality. Some updates may require scheduled maintenance or service interruptions, which we will notify you about in advance whenever possible.
7. Acceptable Use Policy
7.1 You agree not to use the Services for any illegal or unauthorized purpose, including but not limited to:
7.2 Lotin Enterprise reserves the right to suspend or terminate your services for any violations of this policy.
8. Indemnification
You agree to indemnify, defend, and hold harmless Lotin Enterprise, its affiliates, and employees from any claims, damages, losses, liabilities, costs, or expenses (including attorney's fees) arising from:
9. Termination and Suspension
9.1 Term: Services are provided on a month-to-month basis unless otherwise agreed.
9.2 By You: You may cancel your subscription at any time. However, no refunds will be provided for any fees already paid, including the the remaining period of the subscription term. Upon cancellation, access to the Services will end at the close of the billing period.
9.3 Non-Renewal or Terms Violations: Lotin Enterprise reserve the right to suspend or terminate your services without notice if you violate these Terms or if your subscription is not renewed by the renewal date.
9.4 Effects of Termination: Upon termination, access to the website, CMS, and associated services will cease. You will no longer have the ability to use or access any proprietary materials provided by Lotin Enterprise.
10. Changes to Terms
Lotin Enterprise may modify these Terms at any time. We will notify you of significant changes by posting a notice on our website or by other means. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.
11. Disclaimers and Limitations of Liability
11.1 Lotin Enterprise does not guarantee uninterrupted service access, as services may be affected by hosting interruptions, force major events, or scheduled maintenance.
11.2 Lotin Enterprise is not liable for any indirect, incidental, or consequential damages, including but not limited to lost profits or data.
11.3 The Client assumes full responsibility for the accuracy and legality of all submitted content.
12. Confidentiality
The Provider and Client agree to keep confidential any non-public information exchanged during the course of service. This obligation extends beyond the termination of services.
13. Governing Law
These Terms are governed by the laws of the state of North Carolina. Any disputes will be resolved in the courts of Wake County, North Carolina.
14. Contact Information
For any questions or concerns regarding these Terms, please email us at: legal@lotin.net.
