Lotin Enterprise Terms of Service
Effective date: October 24, 2026
These Terms of Service (the Terms) are a contract between Lotin Enterprise (Lotin, we, us, or our) and the person or entity that accepts them. They govern use of lotin.net and of our subscription website, hosting, email, content-management, domain-administration, support, and related services (the Services). These Terms apply to Clients, Visitors, and End Users.
If you are a Visitor or an End User, the sections that apply to you are sections 1, 2, 3, 6, 8, 10, 11, 12, 15, 17, 21, 23, 25, 27.2, 28, 29, 30, 31, 32, and 33, plus any section that expressly mentions Visitors or End Users. Other sections apply to you only if you are also a Client.
1. Definitions
Agreement means these Terms together with the Service Agreement that applies to a Client.
Clients are persons or entities that sign a proposal, order form, or service agreement for the Services, or that purchase or subscribe to the Services. Client-only sections include fees, subscriptions, Client licenses, indemnity, and the Client liability cap.
Visitors are persons who browse lotin.net, submit a form on lotin.net, or create an account on lotin.net. A Visitor who buys Services is also a Client.
End Users are persons who visit or use a website we host for a Client. An End User’s relationship concerning that site’s content, offers, and privacy practices is with the Client. These Terms govern the End User’s relationship with Lotin.
Client Content means text, images, video, audio, trademarks, and other materials that a Client provides to us or creates through the Services.
Client Site means a website we host for a Client under a Service Agreement.
Lotin Materials means the platform, content-management system, software, templates, layouts, reusable components, design systems, configurations, methods, documentation, know-how, and improvements used to provide the Services.
Service Agreement means a proposal, order form, statement of work, or other written service agreement that incorporates these Terms and that the Client accepts.
lotin.net means our website at https://www.lotin.net and its subdomains, excluding Client Sites.
2. Acceptance
A Client accepts these Terms by signing or otherwise accepting a Service Agreement that incorporates them, or by purchasing or using the Services. Continued performance under a signed agreement that incorporated an earlier version of these Terms is not acceptance of this version. That agreement continues as section 5 describes.
A Visitor accepts the parts of these Terms that apply to Visitors by using lotin.net.
An End User accepts the parts of these Terms that apply to End Users by using a Client Site.
If you accept for an organization, you represent that you have authority to bind it. If you do not agree, do not use lotin.net or the Services.
3. Eligibility
A Client must be able to enter a binding contract. The person who accepts for a Client must have authority to bind that Client.
A Visitor or End User must be able to form a contract or must use the site with a parent or guardian who can. The parent or guardian agrees to these Terms on the minor’s behalf.
We may refuse, close, or limit an account or a subscription if eligibility is not met.
4. The Services
For Clients, the Services are the Website-as-a-Service bundle identified in the Service Agreement. Unless a Service Agreement expressly adds something else, that bundle is limited to:
- A subscription website on our managed platform
- Hosting, an SSL/TLS certificate, platform and security maintenance, and performance and security monitoring
- Limited content-management access for areas we designate as editable
- One branded business email account, subject to the email provider’s storage, sending, attachment, and acceptable-use limits
- Domain administration when the Service Agreement says we will administer a domain
- Reasonable-efforts technical support by email for website functionality
- Customization, content placement, and other work only when the Service Agreement or a later written quote includes that work
We will provide the Services identified in the Service Agreement. Work that is not expressly included is outside the scope of these Terms until we and the Client agree to it in a Service Agreement or a written quote the Client accepts.
We may maintain, modify, replace, or update our platform, infrastructure, providers, and technical methods. We will not materially reduce the core Services during a paid service period without reasonable notice, except when a change is necessary for security, legal compliance, third-party availability, or system integrity.
We may schedule maintenance and may interrupt the Services when reasonably necessary. We will give advance notice when practical.
When a Service Agreement includes ecommerce, we provide the commerce-capable website features it names. Those features may include product or service sales features, store-related sections of the Client Site, and coordination with the payment provider named in the Service Agreement. Stripe is the usual payment provider. Cardholder data entered at checkout is collected by that provider. We do not store that checkout cardholder data.
The Client remains responsible for payment-provider approval, the Client’s processor account, processor fees, disputes, refunds, taxes on the Client’s sales, chargebacks, and the processor’s rules, unless the Service Agreement says otherwise.
We do not provide product setup, inventory entry, store migration, manual store management, or shipping, tax, coupon, refund, or order-management configuration unless a Service Agreement or a written quote the Client accepts includes that work.
We do not guarantee sales. We may refuse, restrict, or remove commerce features or content when we reasonably believe the use creates legal, security, provider, or financial risk. High-risk or regulated commerce is allowed only when the Service Agreement states that we will support it.
5. Service Agreements
The Service Agreement states the selected Services, fees, schedule, and client-specific terms. If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement. An amendment to a Service Agreement controls only if both parties accept it in writing, including by email. Revisions of these Terms are governed by section 30.
The Agreement is the complete agreement concerning the Services and replaces prior discussions and representations about them. A Client’s existing signed agreement continues on the terms it already incorporated until the parties amend it in writing. Continued performance under that agreement is not acceptance of a later version of these Terms.
6. Accounts
This section applies to every Client or Visitor who holds an account.
You must provide accurate account, billing, domain, and contact information and keep it current.
You are responsible for protecting credentials, limiting access to authorized users, and for activity under accounts you control. Tell us promptly at the support address we provide if you suspect unauthorized access.
We may require unique credentials and may disable credentials that appear compromised.
7. Client cooperation
The Client will provide, on the timetable in the Service Agreement or on reasonable request:
- Accurate content, media, branding direction, and legal information needed to build or customize and run the Client Site
- Decisions, consolidated feedback, and approvals
- Domain, email, and third-party access that the Services require
The Client represents that it has the rights needed for us to use materials it supplies.
If the Service Agreement sets a period for design feedback, and the Client does not send consolidated feedback or approval within that period, the presented design may be treated as accepted. Written approval includes approval by email. Changes after approval, or after that deemed acceptance, may be quoted separately.
We are not responsible for delay or extra cost caused by the Client’s failure to cooperate or to provide accurate information. The Client will keep its own copies of Client Content and of any other information it needs.
If the Client does not provide requested materials, access, feedback, or approval within 10 business days after written notice, we may pause the work. After a further written notice, and after a further 10 business days, we may close an implementation that has not launched. A deposit already paid stays non-refundable unless the Service Agreement says otherwise or the law requires a refund. Restarting closed work requires a new schedule and may require a separately quoted restart fee.
8. Acceptable use
This section applies to Clients, Visitors, and End Users.
You must not use, or help anyone else use, lotin.net, a Client Site, or the Services to:
- Violate a law, regulation, court order, or a third party’s rights
- Publish or send material that is unlawful, infringing, defamatory, deceptive, or malicious
- Send spam or unsolicited bulk messages, or conduct phishing, fraud, harassment, or abuse
- Distribute malware or attempt to gain unauthorized access to any system
- Probe, scan, or test the vulnerability of the Services without our prior written permission
- Interfere with the Services, bypass security or usage controls, or disrupt lotin.net or the platform
- Scrape, harvest, or use automated means to collect data from lotin.net or the platform, except for ordinary search-engine indexing of public pages
- Use the Services in a way that threatens the stability of the platform or other clients’ sites
- Resell, sublicense, or provide the Services to a third party as a service bureau, unless a Service Agreement expressly allows it
A Client is responsible for use of its accounts and of the Client Site by its personnel, contractors, and End Users. The Client will not authorize use that violates this section and will act on notice of a violation. The Client will require its personnel, contractors, and End Users to follow this section, and will include that requirement in the Client’s own terms or in another notice End Users can see.
We may set reasonable technical limits on storage, bandwidth, email sending, and similar resources. Limits stated by an email or hosting provider apply.
9. Data the Client may not submit
These Terms do not authorize the categories below. A Service Agreement or proposal that only describes the Website-as-a-Service bundle does not authorize them either. Unless a separate written agreement names a category and states that we will support it, the Client must not submit or collect through the Services:
- Protected health information
- Personal information of children under 13, or a site directed to children
- Government identity numbers, account passwords, or other sensitive data that is regulated by a law we have not agreed in writing to support
The Client must not send card numbers to us by email, through the content-management system, or through a form we host. When the Service Agreement includes ecommerce, cardholder data may be collected only by Stripe or by the other payment provider named in that agreement. We do not store that checkout cardholder data. A Service Agreement that does not include ecommerce does not authorize collection of cardholder data.
Ordinary business contact details and messages sent through a contact form are allowed. The Client is responsible for the lawfulness of the information it chooses to collect.
10. Investigations and removal
We may investigate suspected violations of these Terms. We may remove or restrict content, and we may suspend or terminate access, when we reasonably believe that is needed to protect the Services, other clients, Visitors, End Users, or Lotin, or to comply with law.
We may cooperate with lawful government requests and legal process. We may preserve or disclose information when we believe it is reasonably necessary to comply with law, protect persons or property, or address fraud or security issues.
Removing content or suspending access under this section does not by itself end a Client’s duty to pay amounts already due.
11. Copyright complaints
If you believe material on lotin.net or on a Client Site infringes a copyright, send a notice to the legal-notices address in section 33 that includes:
- Your physical or electronic signature
- Identification of the copyrighted work you claim has been infringed
- Identification of the material you claim is infringing, and information reasonably sufficient for us to locate it
- Your name, mailing address, telephone number, and email address
- A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act for the copyright owner
If we remove material in response to a notice, we may tell the Client or the person who posted it. That person may send a counter-notice to the legal-notices address in section 33 that includes:
- A physical or electronic signature
- Identification of the material that was removed and the location where it appeared before removal
- A statement, under penalty of perjury, that the person has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification
- The person’s name, address, and telephone number, a statement that the person consents to the jurisdiction of the federal court for the judicial district in which the address is located or, if the address is outside the United States, for any judicial district in which Lotin may be found, and a statement that the person will accept service of process from the person who sent the original notice
We may restore removed material no sooner than 10 and no later than 14 business days after we receive a valid counter-notice, unless the original sender tells us that it has filed a court action seeking to restrain the person who posted the material.
We may suspend or close accounts of persons who repeatedly infringe copyrights. A notice that omits the items above may be ineffective.
12. Ownership and licenses
12.1 Lotin Materials
We and our licensors own the Lotin Materials. No Client, Visitor, or End User receives any right in the Lotin Materials except the license stated in these Terms or a Service Agreement.
During an active subscription, we grant the Client a limited, non-exclusive, non-transferable, non-sublicensable license to use the Lotin Materials only through the Services, for the Client’s own business. The license is suspended when the applicable Service is suspended and ends when that Service ends. We may also withdraw access in the other cases these Terms allow.
The Client Site, content-management system, templates, configuration, and design implementation are not transferable and are not available as an export to another provider.
12.2 Client Content
As between Lotin and the Client, the Client keeps its rights in Client Content. The Client grants us and our service providers a non-exclusive, worldwide, royalty-free license to host, copy, modify as needed for formatting and display, transmit, display, back up, and otherwise use Client Content only as reasonably necessary to provide, secure, and support that Client’s Services, to make the Client Site available to End Users, and to comply with law. This license does not allow us to use Client Content to train a general-purpose model or to provide services to another client.
After the applicable Service ends, this license continues only for the uses section 22 describes. Those uses are the retention period, a longer hold that section requires, ordinary backup copies until those backups are overwritten in the ordinary cycle, deletion of Client Content, and compliance with law. It does not allow any other use after the Service ends.
The Client represents that it has the rights and permissions required for Client Content and for that license.
Hosting Client Content does not make us the publisher of that content, and it does not shift the Client’s responsibility for the Client Site onto us. We keep the responsibilities these Terms place on us, including our response to lawful process and to notices under section 11.
12.3 Feedback
If a Client, Visitor, or End User voluntarily gives us suggestions or feedback, we may use it without restriction or payment. We will not publicly identify the source without permission. Do not send us ideas you expect us to keep confidential or to pay for.
12.4 Templates
A privacy policy, terms of use, or other legal-page template we supply is general information for the Client to review. It is not legal advice, and it is not a representation that the Client’s site complies with any law. The Client must review and approve any template before it is published and must obtain its own advice when the Client needs it.
13. Portfolio
Unless the Service Agreement says otherwise, the Client grants us a non-exclusive license to use the Client’s name, logos, and screenshots or short descriptions of the public Client Site in our portfolio, proposals, and marketing. We will not state that the Client endorses us beyond the fact that we provided the Services.
The Client may opt out of future portfolio use by saying so in the Service Agreement, or later by email to the legal-notices address in section 33. This license survives the end of the Service until the Client opts out. After an opt-out, we will stop new use and remove the Client from our website and from other materials we control within 30 days. Materials already sent outside our control may remain in circulation.
14. Domains
Domain ownership and domain fees are set by the Service Agreement. When the Client is the registrant and we administer the domain:
- The Client remains responsible for accurate registrant information and for registration, renewal, redemption, recovery, and transfer charges
- We may use a third-party registrar, and the registration is subject to that registrar’s terms and to registry rules
- We do not guarantee that a requested name is available, that a registration will succeed, or that a name can be recovered after it expires
- The Client will keep its registrar account and contact details current
After the Services end, and after the Client has paid all domain-related charges, we will reasonably cooperate in returning administrative control of the domain to the Client. Domain administration does not transfer ownership of Lotin Materials and does not make the Client Site exportable.
If a domain charge is unpaid, the name may expire under registrar and registry rules. We are not liable for expiration, redemption fees, or loss of a name caused by nonpayment or by inaccurate registrant information.
15. Email
Email that is part of the Services is subject to the provider’s storage, sending, attachment, security, retention, and acceptable-use limits. We do not guarantee delivery, uninterrupted availability, spam filtering, recovery, or retention of messages.
The Client is responsible for mailbox security, for lawful use, and for keeping its own copies of messages it needs. Visitors and End Users should not send sensitive information by email to a Client mailbox and expect Lotin to protect it beyond the provider’s ordinary service.
Email must not be used for spam, unsolicited bulk messages, phishing, malware, harassment, or unlawful activity.
16. Support, maintenance, and backups
Support scope is stated in the Service Agreement. Unless that agreement states otherwise, support is reasonable efforts by email and has no guaranteed response time or resolution time.
Support covers website functionality issues in the included Services. It does not include content entry, new design, new features, or troubleshooting caused by the Client’s changes or by a third-party service, unless we quote that work and the Client accepts the quote.
We may keep operational backups for our own recovery. Backups are not an archive and are not a backup product the Client can direct. We do not guarantee that any version or item can be restored. The Client must keep its own copies of Client Content.
17. Third-party services
The Services and lotin.net may rely on or link to registrars, hosting providers, certificate authorities, email providers, video platforms, payment processors, fonts, plugins, and other third-party services. Those services may have their own terms and privacy notices.
We are not responsible for a third party’s changes, outages, acts, omissions, content, security, prices, or decision to stop a service. We may replace a third-party provider when reasonably necessary to keep providing the Services.
A link on lotin.net or on a Client Site does not mean we endorse the linked site. End Users deal with the Client, and with any third party the Client chooses, for the Client’s offers.
18. Fees, billing, and taxes
This section applies to Clients.
The Client will pay the fees in the Service Agreement. Fees are in U.S. dollars. Subscription fees are billed in advance and renew automatically for the period stated in the Service Agreement. Unless that agreement says otherwise, subscriptions are month to month.
Setup, onboarding, registration, and other one-time fees are non-refundable unless the Service Agreement says otherwise or the law requires a refund.
Approved work outside the scope of the Service Agreement is billed at $120 per hour unless that agreement states another rate. The quote the Client accepts before that work starts will state the time increment.
The Client will pay applicable sales, use, excise, and similar taxes, other than taxes on our net income. The Client will also pay third-party charges associated with its Services unless the Service Agreement includes them.
Payments are non-refundable and are not credits toward other work, except where the law requires a refund or these Terms expressly provide one. The Client must keep its payment method current.
If the Client disputes a charge, it must write, within 30 days after the charge, to the billing address we have provided or, if we have not provided one, to the legal-notices address in section 33. The notice must state the basis for the dispute. Undisputed amounts remain due.
A chargeback or payment reversal does not cancel the Client’s duty to pay amounts that are properly due. We may suspend the Services while a chargeback is open.
19. Failed payments and suspension
If a payment is not received by its due date, we may suspend any or all of the Client’s Services without a cure period. Suspension may include the Client Site, content-management access, email, domain administration, hosting, and support.
Suspension does not waive or cancel amounts already due. We will not bill a new renewal period for an affected Service while that Service is suspended. If the Client does not cure the nonpayment within 10 days after written notice of the suspension, we may terminate the affected Service under section 21.
If restoring suspended Services requires manual work, we may charge a reasonable restoration fee. We will tell the Client the fee before we do that restoration work. We are not liable for loss or interruption caused by a suspension these Terms allow.
20. Term and cancellation by the Client
Unless the Service Agreement says otherwise, a subscription runs month to month and renews automatically.
The Client may cancel by written notice to the legal-notices address in section 33, or to another address we designate in writing. The 30 days below run from receipt of that notice under section 31, including the presumption that an email with no bounce is received one business day after it is sent. If we receive the notice at least 30 days before the end of the current paid service period, cancellation takes effect at the end of that period. If fewer than 30 days remain in the current paid service period when we receive the notice, cancellation takes effect at the end of the following paid service period.
Fees that come due through the effective date remain payable. We will not bill a service period that starts after the effective date. If we already collected a renewal for a period that starts after the effective date, we will refund that renewal. We do not otherwise refund or credit prepaid or unused time, except where the law requires it or section 21 provides a refund.
21. Termination by Lotin
We may terminate the Agreement or an affected Service:
- For nonpayment that remains uncured as section 19 describes
- If the Client materially breaches the Agreement, other than by nonpayment, and does not cure the breach within 10 days after written notice, when the breach can reasonably be cured
- Immediately if activity on the account or the Client Site is illegal, fraudulent, abusive, or harmful, or creates a security, operational, or legal risk to Lotin, another client, or the platform
- If a required third-party service becomes unavailable and no commercially reasonable substitute exists
- As the Service Agreement expressly allows
We may discontinue a Service for our own business reasons by giving at least 30 days’ notice. If we discontinue a Service for that reason, or if we terminate a Service because a required third-party service becomes unavailable and no commercially reasonable substitute exists, we will refund the unused portion of prepaid fees for that Service, unless we provide a reasonably comparable replacement.
We may also suspend or close a Visitor’s use of lotin.net, or block an End User’s access to the platform, for a violation of the sections that apply to that person.
22. Effect of the end of a Service
When the Agreement or a Service ends:
- The Client’s right to access and use the affected Services ends
- The Client Site, content-management access, email, hosting, and support for that Service may be turned off
- Charges for services provided through the end date become due. A service period that starts after the end date does not become due
- We have no obligation to provide a copy of the website, database, content-management system, or a structured export of Client Content, and no obligation to assist a migration, unless the Service Agreement expressly requires it
For 30 days after the Service ends, we may retain Client Content on our systems. During that period we have no obligation to keep the Client Site online or to deliver an export. After that 30-day window we may delete Client Content. We may delete it sooner if the law requires, if the Agreement ended for illegal content, or if the Client asks us in writing to delete it and deletion does not conflict with a legal duty to retain it.
Copies may remain in ordinary backups until those backups are overwritten in the ordinary cycle. Backups are not available for retrieval on request. Legal requirements and disputes may require us to keep specific information for longer.
Sections that by their nature should survive will survive. Those include payment duties, ownership, licenses that are stated to survive, confidentiality, disclaimers, liability limits, indemnity, and the dispute and general provisions.
23. Privacy and the Client’s visitors
Our privacy notice at https://www.lotin.net/privacy describes how we handle personal information we process for lotin.net, accounts, billing, and the operation of the Services.
Each party will comply with laws that apply to its own activities under the Agreement.
The Client is responsible for:
- The accuracy and legality of Client Content
- Privacy notices, terms, disclosures, and consent for the Client Site and for the Client’s own marketing
- Deciding whether the Services are appropriate for the information the Client collects
- Responding to individuals who contact the Client about information the Client controls, including End Users
- The content, offers, and claims published on the Client Site
End Users should direct privacy requests about a Client Site to the Client. We will forward a request to the Client when we can tell which Client it concerns and when we are not the right party to answer it.
We may process account, billing, contact-form, usage, and technical information as needed to provide and secure the Services, administer accounts, process payments, comply with law, and operate our business, as described in our privacy notice.
If we discover that Client Content, or personal information collected through a Client Site, has been compromised, we will notify the affected Client without undue delay and no later than 72 hours after that discovery, unless the law requires a different time or forbids notice. Notice to an affected person, the North Carolina Attorney General, or another authority follows the law that applies and is not postponed by the client-notice sentence. This commitment is not a warranty that the Services are secure.
24. Confidentiality
This section applies between Lotin and the Client.
Confidential Information means non-public information that one party discloses to the other and that is marked confidential or that a reasonable person would understand to be confidential. It does not include information that the receiving party can show was already lawfully known to it, becomes public other than by a breach of this section, is received lawfully from someone else without a duty of confidence, or is developed independently.
The receiving party will use Confidential Information only to perform or receive the Services and will protect it with reasonable care. It may share Confidential Information with personnel, contractors, and advisers who need it and who are bound by a duty of confidence, and it may disclose Confidential Information when the law requires, after giving notice when notice is legally allowed. The duty of confidence lasts for three years after the Service ends. A trade secret remains protected for as long as it qualifies as a trade secret under applicable law.
Client Content that the Client publishes on a public Client Site is not confidential. Feedback given under section 12.3 is not confidential.
25. Warranties and disclaimers
Each party that enters the Agreement represents that it has authority to do so.
THE SERVICES, LOTIN.NET, CLIENT SITES AS HOSTED BY LOTIN, AND THE LOTIN MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTIN DISCLAIMS ALL WARRANTIES OTHER THAN ANY WARRANTY THAT CANNOT LEGALLY BE DISCLAIMED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not guarantee uninterrupted or error-free operation, a particular uptime, email delivery, data recovery, security against every threat, search ranking, audience growth, revenue, or any other business result. We do not guarantee that a Client Site, or lotin.net, meets every law that applies to the Client’s or an End User’s activities.
26. Indemnification
The Client will defend, indemnify, and hold harmless Lotin and its owners, officers, employees, and contractors from third-party claims, damages, judgments, liabilities, costs, and reasonable attorneys’ fees arising out of:
- Client Content
- The Client’s use of the Services in violation of the Agreement or the law
- The Client’s infringement or violation of another person’s rights
- The Client’s products, services, representations, privacy practices, or business activities, including claims by End Users or by the Client’s customers about the Client Site
We will give the Client prompt notice of a claim covered by this section and will reasonably cooperate at the Client’s expense. The Client controls the defense. If the Client does not assume the defense within a reasonable time after notice, we may defend the claim, and the Client will pay the reasonable cost of that defense. Late notice limits the Client’s duty only to the extent the delay materially prejudices the defense. The Client may not settle a claim in a way that admits fault by an indemnified person, or that imposes an obligation on an indemnified person, unless that person consents in writing. We may join in the defense with our own counsel at our own expense.
27. Limitation of liability
27.1 Claims by a Client
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LOTIN NOR THE CLIENT WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTIN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE CAP IN THIS PARAGRAPH. THE TWELVE-MONTH PERIOD STARTS ON THE DAY THE FIRST CLAIM ARISES. THE CAP FOR THAT PERIOD IS THE SERVICE FEES PAID OR PAYABLE BY THE CLIENT FOR THE THREE MONTHS OF SERVICE IMMEDIATELY BEFORE THAT DAY. A FEE PREPAID FOR A LONGER PERIOD IS ALLOCATED EVENLY ACROSS THE SERVICE PERIOD IT COVERS. IF NO FEES WERE PAID OR PAYABLE IN THAT THREE-MONTH WINDOW, THE CAP IS THE FEES PAID OR PAYABLE FOR THE CLIENT’S THEN-CURRENT SERVICE PERIOD. ALL CLAIMS THAT ARISE IN THAT TWELVE-MONTH PERIOD DRAW ON THAT ONE CAP. A CLAIM THAT ARISES AFTER THE PERIOD ENDS STARTS A NEW PERIOD AND A NEW CAP.
These limits do not apply to a liability that the law does not allow to be limited. The exclusion of consequential damages does not limit the Client’s payment obligations or the Client’s indemnity obligations.
27.2 Claims by a Visitor or an End User
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTIN IS NOT LIABLE TO A VISITOR OR AN END USER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF USE OF LOTIN.NET OR A CLIENT SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTIN’S TOTAL LIABILITY TO A VISITOR OR END USER ARISING OUT OF THESE TERMS OR THAT USE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
These limits do not apply to a liability that the law does not allow to be limited. They do not limit any claim an End User has against the Client. They do not make the End User a Client, and they do not apply the fee cap in section 27.1 to a Visitor or an End User.
28. Force majeure
Neither Lotin nor a Client is liable for delay or failure caused by an event beyond that party’s reasonable control, including a natural disaster, severe weather, fire, epidemic, war, terrorism, civil unrest, labor dispute, utility or internet failure, government action, cyberattack, or failure of third-party infrastructure. This section does not excuse a Client’s duty to pay for Services already provided.
29. Disputes, governing law, and venue
Before a person files a claim against Lotin, or before Lotin files a claim against a Client, arising out of these Terms, that party will send a short written description of the dispute to the other and allow 30 days to try to resolve it. Notice to Lotin goes to the legal-notices address in section 33. This waiting period is not required for a request for urgent injunctive relief, or when the wait would cause the claim to expire.
North Carolina law governs these Terms and the Agreement, without regard to conflict-of-law rules. The state and federal courts serving Wake County, North Carolina, have exclusive jurisdiction over disputes arising out of or related to these Terms or the Agreement. Each party consents to personal jurisdiction and venue in those courts.
An End User’s dispute with a Client about the Client’s content, offers, or privacy practices is a dispute with the Client. This section still governs any claim that person brings against Lotin.
30. Changes to these Terms
We may revise these Terms prospectively. We will give reasonable notice of a material change by email, a notice on lotin.net, an account notice, or another reasonable method.
A material change ordinarily takes effect at the Client’s next subscription renewal after notice. It may take effect sooner when law, security, a third-party requirement, or system integrity requires an earlier date. For a Visitor or an End User, a change takes effect on the date stated in the notice, which will be at least 15 days after the notice unless an earlier date is required for one of those reasons.
A change does not retroactively alter a Service Agreement the Client has already accepted. A signed agreement that section 5 keeps on an earlier version of these Terms is governed by section 5. Continued performance under that agreement is not acceptance of a later version.
A Client that does not agree may cancel under section 20. If that cancellation would take effect after the change, the Client may instead cancel effective on the date the change takes effect by notifying us before that date. A cancellation notice given under the previous sentence ends the affected Service on the date the change takes effect. A Client who has given that notice may keep the Client Site online, and may use the Services, through the change date without accepting the revision. Fees already due for Services provided before that date remain payable. We will not charge an extra service period solely because the Client rejected the change.
Continued use of the Services, lotin.net, or a Client Site after the revised Terms take effect is acceptance of the revision. That acceptance does not apply through the change date to a Client who has given the rejection notice above, and it does not apply to continued performance under a signed agreement that section 5 keeps on an earlier version.
31. Notices
Notices under the Agreement must be in writing.
An email notice is effective when it is received. If the sender does not receive a bounce or other delivery failure, the email is presumed received one business day after it is sent. A bounce or other delivery failure means the email was not received. This rule applies to notices in either direction, including a Client’s cancellation under section 20.
Notices to a Client go by email to the address in the Service Agreement or to an address the Client later gives us in writing. Another method the parties agree to is effective when delivery is confirmed. The Client must keep its notice and billing contacts current.
Email to the legal-notices address in section 33 is a complete legal notice to Lotin. A person may also send a legal notice to a physical address identified in the Service Agreement or in section 33. A physical address is an additional place to send a notice. It is not a second copy that a notice must have. A notice sent to that physical address is effective when delivery is confirmed. Operational messages may be sent to the support or billing address we provide to the Client. Those addresses are not listed in these Terms. They do not replace the legal-notices address for legal notices.
A Visitor or End User may send a notice these Terms require, including a copyright notice, to the legal-notices address in section 33.
32. General
Assignment. A Client may not assign the Agreement without our prior written consent. We may assign the Agreement in connection with a merger, reorganization, sale of assets, or transfer of the Services. Any other attempted assignment is void. The Agreement binds permitted successors.
Subcontractors. We may use employees and contractors to perform the Services. We remain responsible to the Client for the Services those contractors perform for us under the Agreement.
Independent contractors. The parties are independent contractors. The Agreement does not create employment, agency, partnership, joint venture, fiduciary, or franchise duties.
Third-party beneficiaries. The Agreement benefits the parties and their permitted successors. A person indemnified under section 26 may enforce that section. Visitors and End Users have only the rights these Terms expressly give them against Lotin. An End User is not a third-party beneficiary of a Client’s Service Agreement.
Waiver. A waiver must be in writing and applies only to the specific instance. Delay in enforcing a right is not a waiver.
Severability. If a provision is unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest remains in effect.
Entire agreement. For a Client, the Agreement is the complete agreement on its subject. For a Visitor or End User, these Terms are the complete agreement with Lotin on use of lotin.net or the hosted platform. They do not replace the Client’s own terms with its End Users.
Electronic records. Electronic signatures, electronic records, copies, and counterparts are effective. Counterparts together form one agreement.
Headings. Headings are for convenience and do not affect meaning.
Language. These Terms are in English. If we provide a translation, the English text controls.
Interpretation. “Including” means “including without limitation.” A reference to a statute includes later amendments and successor statutes. The word “written” includes email unless a section requires a paper mailing.
33. Contact
Lotin Enterprise
Legal notices: legal@lotin.net
Website: https://www.lotin.net
Privacy notice: https://www.lotin.net/privacy