Terms of Service
By signing up with Lola Systems (“Lola”), you agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service discussed herein. This Agreement is between Lola (“the service provider”, “us,” “we,” or “our”) and its’ users (“the client” “you” or “your”). This Agreement and the client’s use of services shall become effective on the date the client provides their personal information to the service provider for the purpose of signing up to use the services (“Effective Date”).
Conditions of Use
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You will accept notifications of service changes, commercial email and similar offers presented through the Lola system or via email.
You must not transmit unsolicited email, unsolicited SMSs, or “spam” messages (See Anti-Spam Policy).
This agreement is ‘at-will’, meaning that you can cancel your account at any time and so can we (which we exercise typically only in the case of violations of our Spam rules, but which we reserve for any reason whatsoever).
The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms of service. The Renewal Fees will be automatically debited from the client’s credit card or bank account at the beginning of each renewal period, and you agree that the service provider will not require any additional authorization for any recurring payments or automatic billing options.
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service. In order to treat everyone equally, no exceptions will be made.
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, excluding United States (federal or state) taxes.
Should you use texting services such that your cash balance falls below the minimum limit of $5, Lola will automatically bill your card or bank account an amount that puts your balance back at the upper limit of $20.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us.
All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. To cancel simply phone or email Lola support and request it.
We have the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.
We strictly prohibit any involvement in unsolicited commercial email campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by the service provider, are required to be 100% opt-in lists. Any client account that is connected to a report of or caught violating these policies, will be immediately terminated.
You will abide with the U.S. CAN-SPAM act of 2003 and standards set by the email industry, which state: If it’s unsolicited, it’s spam.
You are only permitted to send emails or SMS/MMS messages to contacts that have specifically requested to receive content from you.
You agree to import, access or otherwise use only contact lists in connection with the Site and the Products for which all listed parties have consented to receive correspondence from you.
We in no way participate in mass unsolicited emailing (i.e. spamming), and all Partners are expected to adhere to this policy as well. Violation of this policy will result in the termination of your contract and immediate dismissal from the Partner Program.
No refunds will be provided to anyone whose account is terminated for violating this policy.
You understand that the service provider, does not guarantee any type of profit or response from said services.
The client irrevocably covenants, promises and agrees to indemnify the service provider and to hold the service provider harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider may sustain or to which the service provider may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
You agree to use the Service at your own risk.
WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE WE PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
The service provider will not rent, sell, access or use the client’s customer database information. This information will be kept strictly confidential in the highest manner possible.
We ask for information such as your name, company name, email address, billing address and credit card information. We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the services provided. Although we own the code, databases and all rights to the application, you retain all rights to your data.
We may disclose personally identifiable information under special circumstances, such as complying with subpoenas or when your actions violate the Terms of Service.
We may periodically update this policy and will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified for your account or by placing a prominent notice on our site. This includes the transfer of data in the event Lola Systems is acquired by or merged with another company.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Products, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, use of the Products or access to the Products without the express written consent of us. The look and feel of the Products is copyright © 2019 Lola Systems All rights reserved.
You may not duplicate, copy or reuse any portion of the visual design elements without the express written consent of us.
You may not duplicate, copy or reuse any of the content provided with the Products, including but not limited to the emails or letters that are included as part of the Products for your use only in connection with the Products.
This Agreement will be governed and construed in accordance with the laws of the State of California without regard to its rules governing conflicts of law. Exclusive jurisdiction for any dispute with Lola or in any way relating to this Agreement, resides in the courts of Orange County, California and Licensee submits to the personal jurisdiction of, and venue in, such courts.