Terms of Service

Last updated: December 2024

1. Agreement to Terms

By accessing or using the services provided by Lotuhill INC ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Services

Lotuhill INC provides software development, technology consulting, and related services ("Services"). The specific terms of any engagement will be set forth in a separate agreement or statement of work.

3. Use of Services

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services.

3.2 Account Registration

Some Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Acceptable Use

You agree not to:

  • Use our Services for any unlawful purpose
  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our Services

4. Intellectual Property

4.1 Our Intellectual Property

All content, features, and functionality of our website and Services, including but not limited to text, graphics, logos, and software, are owned by Lotuhill INC and are protected by intellectual property laws.

4.2 Client Materials

You retain ownership of any materials you provide to us. By providing materials, you grant us a license to use them solely for the purpose of providing our Services.

5. Payment Terms

Payment terms for our Services will be specified in the applicable agreement or invoice. Unless otherwise stated:

  • Fees are due within 30 days of invoice date
  • All fees are non-refundable unless otherwise agreed
  • We reserve the right to suspend Services for overdue accounts

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation survives the termination of any agreement between us.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTUHILL INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

Our total liability for any claims arising from or related to our Services shall not exceed the amounts paid by you in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless Lotuhill INC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our Services or violation of these Terms.

10. Termination

Either party may terminate the engagement upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Boulder County, Colorado.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms, together with any applicable agreements or statements of work, constitute the entire agreement between you and Lotuhill INC regarding the subject matter hereof.

15. Contact Information

For questions about these Terms, please contact us at:

Lotuhill INC
1942 Broadway St. STE 314C
Boulder, CO 80302
United States
Email: info@lotuhillglobal.com