Table of Contents
Privacy Statement
LoLo takes privacy seriously. Our goal is to provide a trusted platform that helps businesses and organizations strengthen relationships with their customers, clients, and other contacts.
LoLo uses recipient information to provide and operate our Services, including delivering campaigns and communications and supporting related engagement activities. LoLo does not sell or rent recipient personal information or disclose it to advertisers, data brokers, or unrelated third parties for marketing purposes. LoLo may share information with trusted service providers and other parties as necessary to operate and support the Services, as described in our Privacy Policy.
Customers who upload recipient information to LoLo are responsible for ensuring that they have the rights, permissions, consents, and authorizations required to provide that information to LoLo and communicate with those recipients.
When creating an account, each Customer agrees to LoLo’s Terms of Service and Privacy Policy and confirms:
I confirm that I have the rights, permissions, consents, and authorizations required to provide recipient information to LoLo and to communicate with those recipients through the Services. I understand that I may not use purchased, rented, scraped, harvested, or otherwise unlawfully obtained contact lists. I agree to LoLo’s Terms of Service and Privacy Policy.
If you have questions about LoLo’s privacy practices, please contact us at privacy@joinlolo.com.
Privacy Policy
Introduction
LoLo, LLC (“LoLo,” “we,” “our,” or “us”) respects your privacy and is committed to protecting the information entrusted to us.
This Privacy Policy explains how we collect, use, disclose, and protect information obtained through our websites, applications, products, and services (collectively, the “Services”).
LoLo provides customer engagement services that enable businesses to send gifts, messages, and other relationship-building communications to their customers, clients, prospects, employees, volunteers, and other contacts while supporting local businesses.
Sale of Personal Information
LoLo does not sell, rent, lease, or otherwise provide personal information to third parties in exchange for monetary compensation.
LoLo collects and uses personal information solely for the purpose of operating, maintaining, and improving its Services, delivering gifts and communications, supporting customers and merchants, processing payments and reimbursements, complying with legal obligations, and conducting related business operations.
LoLo may share information with service providers, payment processors, merchant reimbursement providers, analytics providers, and other vendors that assist LoLo in providing the Services. Such disclosures are not sales of personal information. These providers are authorized to use information only as necessary to perform services on LoLo’s behalf and are contractually obligated to protect the information they receive.
LoLo does not sell recipient contact information, customer account information, merchant information, payment information, or other personal information to advertisers, data brokers, or unrelated third parties.
LoLo’s use or disclosure of aggregated, anonymized, or de-identified information that does not identify an individual is not considered a sale of personal information under this Privacy Policy.
Information We Collect
Information Provided by Customers
When a business or user creates an account or uses our Services, we may collect:
- Name
- Business name
- Email address
- Phone number
- Billing information
- Account credentials
- Communications with LoLo
Recipient Information Provided by Customers
Our customers may upload information about their contacts to facilitate delivery of gifts and communications. This information may include:
- Name
- Email address
- Mobile phone number
- Company name
- Relationship notes or customer classifications
- Geographic information such as city, state, or ZIP code
Customers are responsible for ensuring they have the legal right to provide this information to LoLo and to send communications through our platform.
Merchant Information
We collect information from participating merchants, including:
- Business name
- Contact information
- Payment information
- Redemption activity
- Business location information
Automatically Collected Information
When users access our Services, we may automatically collect:
- IP address
- Browser type
- Device information
- Operating system
- Pages visited
- Referral information
- Usage statistics
- Cookie and similar technology information
Personal Identification Information
Consumer Personal Identification Information will not be shared, sold, rented, or disclosed to any affiliated or unaffiliated third parties for marketing purposes.
Cookies and Analytics
LoLo uses cookies, pixels, and similar technologies to operate the Services, maintain user sessions, improve platform performance, enhance security, analyze website traffic, and better understand how users interact with our Services.
The cookies we use generally fall into the following categories:
Essential Cookies – Required for the operation, security, and functionality of the Services.
Analytics Cookies – Used to understand usage patterns, measure performance, and improve the user experience.
LoLo may use third-party analytics providers to help us evaluate website and platform usage. These providers may use cookies or similar technologies to collect information regarding interactions with our Services.
Users may manage their cookie preferences at any time through the cookie consent tools made available on our website. Most web browsers allow users to control or disable cookies through browser settings. Disabling certain cookies may affect the functionality of the Services.
Where required by applicable law, LoLo will obtain consent before placing non-essential cookies on a user’s device.
How We Use Information
We use information to:
- Provide and operate the Services
- Deliver gifts and communications
- Process redemptions
- Authenticate users
- Provide customer support
- Improve our products and services
- Analyze usage trends
- Prevent fraud and abuse
- Comply with legal obligations
- Communicate with customers regarding their accounts
- Administer recipient allocation, waitlist, activation, suppression, and related platform functionality
Recipient Allocation and Suppression
LoLo may process recipient identifiers, including email addresses and telephone numbers, across the Services to administer recipient allocation, waitlist, activation, suppression, and related platform functionality, including reducing duplicate communications and determining whether a Recipient is available for activation within a Customer account.
Aggregated and De-Identified Information
LoLo may create aggregated, anonymized, de-identified, statistical, and usage information derived from information processed through the Services, including information relating to customer use of the Services, recipient activity, communications, campaigns, gifts, and redemptions.
LoLo may use, analyze, combine, disclose, commercialize, license, and retain such information for lawful business purposes, including analytics, benchmarking, reporting, research, product development, operational improvements, machine learning, artificial intelligence, development of data products and services, and improvement of the Services.
Such information does not identify a Customer, Recipient, or other individual. LoLo does not use aggregated or de-identified information to attempt to re-identify individuals.
Payment Information
LoLo uses Stripe and other authorized payment processors to process subscription payments and other transactions. Payment card information is collected, processed, and stored by Stripe in accordance with its privacy policy, security practices, and applicable industry standards, including PCI-DSS requirements.
LoLo does not store full payment card numbers, card verification values (CVV), or other sensitive payment authentication data on its own systems.
LoLo may receive limited billing and transaction information from Stripe, such as card type, card expiration date, billing status, transaction history, and the last four digits of a payment card, for purposes including account administration, payment processing, fraud prevention, customer support, and compliance with legal obligations.
Any billing or payment information accessible to LoLo is treated as confidential and will not be sold, rented, or disclosed to third parties except as necessary to provide the Services, comply with legal obligations, protect LoLo’s rights, or as otherwise described in this Privacy Policy.
Service Providers
LoLo utilizes third-party service providers to support its operations, including providers of cloud hosting, payment processing, merchant reimbursement services, email delivery, SMS delivery, analytics, customer support, security monitoring, and consent management services.
We may share information with trusted service providers who help us operate our business, including providers of:
- Cloud hosting
- Data storage
- Payment processing
- Email delivery
- SMS delivery
- Analytics
- Customer support
- Security monitoring
- Consent management
These providers may access information only as necessary to perform services on our behalf.
LoLo uses third-party providers, including Stripe, to process payments and manage billing-related services on our behalf.
Merchant Payments and Reimbursements
LoLo reimburses participating merchants for eligible gift redemptions through authorized payment, accounts payable, and financial service providers, including BILL and other similar providers.
To facilitate merchant payments, LoLo may share limited business and payment information with these providers, including merchant names, business contact information, mailing addresses, banking or payment details supplied by the merchant, redemption records, invoice information, and payment amounts.
These providers process and store payment information in accordance with their own privacy and security practices and applicable legal requirements.
LoLo does not sell merchant payment information and only shares information reasonably necessary to administer merchant reimbursements, process payments, maintain accounting records, prevent fraud, and comply with legal obligations.
Information received by LoLo regarding merchant payments and reimbursement activity is treated as confidential and is accessed only by authorized personnel and service providers who require such access to perform their responsibilities.
Merchant Information Sharing
When a recipient redeems a gift, we may share limited information necessary for redemption and reporting purposes with the participating merchant.
We do not sell recipient contact information to merchants.
Business Transfers
If LoLo participates in a merger, acquisition, financing transaction, reorganization, bankruptcy, or sale of assets, information may be transferred as part of that transaction.
Legal Compliance
We may disclose information when reasonably necessary to:
- Comply with applicable laws
- Respond to legal requests
- Protect our rights or property
- Investigate fraud, abuse, or security incidents
- Protect the safety of users or others
Data Retention
We retain information for as long as reasonably necessary to:
- Provide the Services
- Maintain customer accounts
- Fulfill contractual obligations
- Comply with legal requirements
- Resolve disputes
- Enforce our agreements
Retention periods vary depending on the nature of the information and applicable legal requirements.
Even after an account is closed or a deletion request is submitted, LoLo may retain certain information as necessary to comply with legal obligations, maintain financial and tax records, resolve disputes, enforce agreements, prevent fraud, protect the security of the Services, or satisfy other legitimate business requirements.
Information that has been deleted from active systems may remain for a period of time in backups, archives, logs, disaster recovery systems, or other retained records before being permanently removed.
Data Security
We maintain administrative, technical, and physical safeguards designed to protect information from unauthorized access, disclosure, alteration, or destruction.
No system can guarantee absolute security, and users acknowledge that information transmitted over the internet may be subject to risk.
Artificial Intelligence Tools
LoLo may use approved artificial intelligence technologies to assist with customer support, operational workflows, reporting, and content generation.
Where available, LoLo configures approved AI tools to prevent customer and recipient information from being used to train publicly available artificial intelligence models.
Any use of AI tools is subject to appropriate confidentiality and security controls, and where commercially and technically available, LoLo may configure approved AI systems and providers to restrict the use of Customer and Recipient information for training publicly available artificial intelligence models. AI providers may process information in accordance with their applicable terms, policies, security practices, and technical capabilities.
Your Choices and Rights
Depending on applicable law, individuals may have rights regarding their personal information, including the right to:
- Access information
- Correct inaccurate information
- Request deletion of information
- Obtain a copy of information
- Object to certain processing activities
Requests may be submitted to privacy@joinlolo.com.
To protect the security and privacy of personal information, LoLo may require verification of identity before fulfilling requests to access, correct, delete, or obtain copies of personal information.
Additional rights may apply to residents of certain states or jurisdictions. LoLo will respond to privacy rights requests in accordance with applicable law and may deny requests where permitted or required by law.
Customer Responsibilities
Customers are responsible for:
- Maintaining all rights, permissions, consents, and authorizations required for recipient information and communications;
- Maintaining records of consent and authorization where required;
- Complying with applicable email, SMS, privacy, marketing, telemarketing, and communications laws and requirements;
- Honoring unsubscribe, opt-out, revocation, and similar requests as required by law; and
- Not circumventing recipient opt-outs, suppression records, or messaging restrictions.
LoLo may process and honor recipient opt-out, STOP, HELP, revocation, and suppression requests and may maintain platform-level suppression records to prevent or restrict further communications.
Children’s Privacy
The Services are not directed toward children under the age of 13, and LoLo does not knowingly collect personal information from children under 13.
Changes to This Privacy Policy
We may update this Privacy Policy periodically. Updated versions will be posted on our website with a revised effective date.
If we make material changes to how we collect, use, disclose, or otherwise process personal information, we may provide additional notice through email, the Services, our website, or other reasonable means consistent with applicable law.
U.S. State Privacy Rights
Residents of certain U.S. states may have rights regarding their personal information, including rights to access, correct, delete, or obtain copies of personal information, and rights to opt out of certain processing activities where required by law.
Requests may be submitted to privacy@joinlolo.com. LoLo will respond to requests in accordance with applicable law.
Canadian Residents
Canadian residents may request access to, correction of, or deletion of personal information maintained by LoLo, subject to applicable legal exceptions.
LoLo may process or store information in the United States or other jurisdictions where LoLo or its service providers operate. By using the Services, users acknowledge that information may be transferred to and processed in jurisdictions outside their province or country of residence, subject to applicable legal protections.
Contact Us
If you have questions about this Privacy Policy or our privacy practices, please contact:
LoLo, LLC
Email: privacy@joinlolo.com
Website: www.joinlolo.com
Terms of Service
Last Updated: September 18, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between LoLo, LLC (“LoLo,” “we,” “us,” or “our”) and the individual or entity accepting these Terms (“Customer,” “you,” or “your”) governing access to and use of LoLo’s websites, software, applications, platforms, products, services, and related offerings (collectively, the “Services”).
By accessing or using the Services, creating an account, executing an order form, clicking an acceptance button, or otherwise indicating acceptance of these Terms, Customer agrees to be bound by these Terms. If Customer is entering into these Terms on behalf of an organization, Customer represents and warrants that it has authority to bind that organization to these Terms.
If Customer does not agree to these Terms, Customer may not access or use the Services.
Definitions
For purposes of these Terms:
“Customer” means the individual or legal entity that purchases, accesses, or uses the Services.
“Customer Data” means any information, content, files, contact records, recipient information, communications, images, text, data, or materials submitted, uploaded, transmitted, stored, or otherwise provided by or on behalf of Customer in connection with the Services.
“Recipient” means any individual whose information is uploaded to, stored in, processed through, or contacted using the Services, including without limitation customers, clients, prospects, leads, employees, volunteers, donors, members, supporters, referral partners, or other contacts of Customer.
“Merchant” means any business, vendor, service provider, retailer, restaurant, professional service provider, nonprofit organization, or other entity that participates in the LoLo network and offers gifts, products, services, discounts, experiences, certificates, vouchers, or redemption opportunities through the Services.
“Campaign” means a communication or engagement campaign made available to a Recipient through the Services that includes or relates to a Gift and generally begins on the date the Campaign is sent and continues until the applicable Gift expiration date, typically a period of approximately sixty (60) days.
“Gift” means any offer, certificate, voucher, redemption opportunity, discount, product, service, experience, or other benefit made available to a Recipient through a Campaign or otherwise through the Services.
“Replacement Campaign” means a substitute Campaign that LoLo may, in its sole discretion, make available to a Recipient if the Gift, Merchant, or other component of an original Campaign becomes unavailable, is discontinued, or otherwise cannot be fulfilled. LoLo is not obligated to provide a Replacement Campaign, and the availability, timing, Gift, Merchant, and other terms of any Replacement Campaign shall be determined by LoLo in its sole discretion.
“Services” means LoLo’s websites, applications, software, platforms, technology, merchant network, gift delivery services, messaging services, reporting tools, analytics, integrations, APIs, artificial intelligence features, and related offerings made available by LoLo.
“Subscription” means Customer’s paid access to the Services pursuant to a monthly, annual, promotional, or other pricing arrangement offered by LoLo.
“AI Features” means any artificial intelligence, machine learning, generative AI, predictive analytics, recommendation engine, automated content generation, or similar functionality made available through the Services.
“Third-Party Provider” means any third party utilized by LoLo in connection with the Services, including hosting providers, payment processors, communication providers, analytics providers, reimbursement providers, identity verification providers, security providers, and other vendors.
Eligibility, Authority, and Customer Representations
Eligibility and Authority
Customer represents and warrants that:
(a) Customer is at least twenty-one (21) years old;
(b) Customer has the legal capacity to enter into these Terms;
(c) Customer will comply with all applicable laws, regulations, and industry requirements in connection with the Services; and
(d) If Customer is acting on behalf of an organization, Customer has authority to bind such organization to these Terms.
Customer remains responsible for all activities conducted under its account, whether performed by Customer, its employees, contractors, agents, representatives, or authorized users.
Customer Representations
Customer represents and warrants that:
(a) Customer owns or has all rights necessary to provide Customer Data to LoLo;
(b) Customer has obtained all permissions, consents, and authorizations necessary for LoLo to contact Recipients;
(c) Customer’s use of the Services will not violate applicable law;
(d) Customer will comply with all applicable laws, including without limitation, the Telephone Consumer Protection Act (TCPA), the Telephone Sale’s Rule (TSR), Controlling the Assault of Non-Solicited Pornography (CAN-SPAM) Act; CASL (Canada’s Anti-Spam Legislation) and all Federal Communication Commission (FCC) and/or Federal Trade Commission (FTC) or other agency rules and regulations that implement the foregoing laws, and any other laws prohibiting or regulating SMS, OTT messaging, email, or other messages that may be transmitted via the Services whether applicable in Customer’s jurisdiction or in the jurisdiction of all Recipients to whom Customer directs electronic communications when using the Services; Mobile Marketing Association (MMA) guidelines, and Cellular Telephone Industries Association (CTIA) guidelines;
(e) Customer will provide accurate and complete information to LoLo;
(f) Customer will not knowingly provide false, misleading, infringing, or unlawful content through the Services.
Continuing Obligations
Customer acknowledges that the representations and warranties contained in these Terms are deemed made upon initial acceptance of these Terms and each time Customer accesses or uses the Services.
The Services
LoLo provides a technology platform that enables businesses and organizations to deliver gifts, communications, engagement campaigns, redemption opportunities, and related services to Recipients while facilitating participation by Merchants.
a. Gifts may be redeemed at any time prior to the expiration of that gift. The expiration date is listed on the gift sent to the contact. The gift may be changed by LoLo at any time for any reason or no reason.
b. A Gift may be redeemed only by the intended recipient to whom it was delivered and who verifies ownership or authorized access to the email address or phone number associated with the Gift. Gifts are personal, non-transferable, and may not be redeemed, claimed, transferred, sold, or otherwise used by the sender or any third party on the recipient’s behalf.
c. Some of the LoLo Gifts are alcohol related items. It is the obligation of the user to ensure that all of their contacts are of legal drinking age. We have an opt-out button for alcohol gifts for the purpose of allowing users to opt-out of this kind of gift. LoLo has no liability for the age of the contacts imported into our platform, but requires contacts to be 18 years of age at a minimum. For alcohol related gifts, the contacts must be 21 years of age.
d. LoLo is a technology provider and is not a party to transactions, relationships, communications, or agreements between Customers, Recipients, and Merchants except as expressly stated in these Terms.
LoLo may modify, improve, enhance, suspend, discontinue, or replace any aspect of the Services at any time, provided that such changes do not materially reduce core functionality for active paid subscriptions without reasonable notice.
Certain features, functionality, integrations, or services may be subject to additional terms, order forms, or policies, which are incorporated into these Terms by reference.
Account Registration and Security
Account Registration
In order to access certain features of the Services, Customer may be required to establish an account.
Customer agrees to provide accurate, complete, and current information during registration and to promptly update such information as necessary to maintain its accuracy.
Customer shall not create an account using false, misleading, fraudulent, or unauthorized information.
Authorized Users
Customer may permit employees, contractors, agents, representatives, or other authorized individuals (“Authorized Users”) to access and use the Services on Customer’s behalf.
Customer is responsible for all acts, omissions, activities, communications, and use of the Services by its Authorized Users.
Any act or omission of an Authorized User shall be deemed an act or omission of Customer for purposes of these Terms.
Account Credentials
Customer is responsible for maintaining the confidentiality and security of all usernames, passwords, authentication credentials, API keys, access tokens, and other account access information associated with the Services.
Customer shall not share account credentials with unauthorized individuals or permit any person to access the Services using credentials assigned to another user.
Responsibility for Account Activity
Customer is solely responsible for all activity occurring under its account, whether authorized or unauthorized, including activity conducted by employees, contractors, agents, representatives, Authorized Users, or any person who gains access to Customer’s account through Customer’s systems, credentials, or devices.
LoLo shall be entitled to rely upon any instructions, actions, approvals, communications, or transactions submitted through Customer’s account.
LoLo may remove, disable, block, restrict, edit, or refuse any Customer Data, content, communication, campaign, image, file, or material that LoLo reasonably believes violates these Terms, applicable law, or poses risk to the Services.
Unauthorized Access
Customer shall promptly notify LoLo upon becoming aware of
(a) any unauthorized access to or use of Customer’s account;
(b) any unauthorized disclosure of account credentials;
(c) any suspected security incident involving Customer’s account; or
(d) any other actual or suspected compromise of account security.
Customer shall cooperate with LoLo in investigating and mitigating any such incident.
Account Security Measures
Customer is responsible for implementing and maintaining reasonable administrative, technical, and physical safeguards to protect its account credentials, devices, systems, networks, and Customer Data.
LoLo may offer security features such as multi-factor authentication, password controls, session management tools, or other protective measures. Customer acknowledges that failure to utilize available security measures may increase Customer’s risk of unauthorized access.
Suspension for Security Reasons
LoLo may suspend, restrict, disable, reset credentials for, or otherwise limit access to any account if LoLo reasonably believes:
(a) the account has been compromised;
(b) unauthorized access has occurred or may occur;
(c) account activity poses a security risk to the Services, LoLo, Merchants, Recipients, or other users; or
(d) such action is necessary to protect the integrity, security, or operation of the Services.
LoLo shall not be liable for any losses, damages, delays, interruptions, or other consequences arising from actions taken in good faith under this Section.
No Responsibility for Customer Systems
Customer acknowledges that LoLo is not responsible for the security of Customer’s devices, networks, internet connections, email systems, internal technology infrastructure, or third-party systems used by Customer.
Customer remains solely responsible for protecting its own systems and maintaining appropriate cybersecurity practices.
Subscription Terms, Billing, and Automatic Renewal
Subscription Plans
Access to certain Services requires a paid Subscription. Subscription pricing, features, usage limits, and related terms may be described on LoLo’s website, order forms, invoices, or other documentation provided to Customer.
Monthly Subscription Term
Unless otherwise agreed in writing, all Subscriptions are provided on a month-to-month basis and continue until cancelled by either Customer or LoLo in accordance with these Terms.
Automatic Renewal
Each Subscription automatically renews at the end of each monthly billing period unless cancelled before the next renewal date.
By purchasing a Subscription, Customer authorizes LoLo and its payment processors to automatically charge the payment method associated with Customer’s account for all recurring subscription fees, taxes, and other amounts owed in connection with the Services.
Cancellation
Customer may cancel a Subscription at any time through the Services, by contacting LoLo, or by any other method made available by LoLo.
Cancellation will prevent automatic renewal of the Subscription at the end of the then-current billing period but will not result in a refund of fees already paid except where required by applicable law.
Following cancellation, Customer may continue to access the Services through the end of the then-current billing period unless otherwise specified by LoLo.
Data Retention and Deletion
LoLo may retain Customer Data for so long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, enforce these Terms, maintain security, prevent fraud, support business continuity, satisfy backup and disaster recovery requirements, and pursue other legitimate business purposes.
Following termination or expiration of Customer’s Subscription, LoLo may delete Customer Data in accordance with its then-current data retention practices.
Customer acknowledges that deleted Customer Data may remain in backup systems, archives, logs, disaster recovery systems, or other retained records for a period of time before being permanently removed.
LoLo shall have no obligation to retain Customer Data indefinitely and shall not be liable for the deletion of Customer Data in accordance with these Terms or its standard business practices.
Recipient Allocation and Wait List Policy
Platform Recipient Allocation
To promote a positive Recipient experience and reduce duplicate communications, LoLo may utilize a platform-wide recipient allocation system that limits the number of active Customer accounts associated with a particular Recipient email address, phone number, or other identifying contact information.
LoLo reserves the right to determine, in its sole discretion, whether a Recipient is active, inactive, restricted, waitlisted, suppressed, or otherwise unavailable for use by a Customer.
Wait List Functionality
If a Customer uploads Recipient information that is already actively associated with another Customer account, LoLo may designate such Recipient as inactive, waitlisted, restricted, or otherwise unavailable within the Customer’s account.
Recipients designated as inactive or waitlisted may not be eligible to receive communications, gifts, campaigns, or other Services until LoLo determines such Recipient may be activated.
Reallocation of Recipients
If an active Customer account is terminated, cancelled, expires, becomes inactive, or otherwise ceases participation in the Services, LoLo may, in its sole discretion, activate or reallocate previously waitlisted Recipients to another Customer account.
LoLo does not guarantee that any Recipient previously associated with a Customer account will remain available to that Customer in the future.
No Ownership Rights
Customer acknowledges and agrees that Customer does not acquire ownership rights, exclusivity rights, priority rights, reservation rights, or continuing rights in any Recipient solely by uploading Recipient information to the Services.
LoLo reserves the right to manage Recipient allocation, prioritization, activation, suppression, and reassignment in a manner consistent with the operation of the Services.
No Guarantee of Exclusivity
LoLo does not warrant or guarantee that any Recipient will be exclusively associated with a single Customer account at all times.
Customer acknowledges that technical limitations, data quality issues, synchronization delays, user actions, administrative actions, system errors, integrations, duplicate records, or other circumstances may result in a Recipient being associated with, visible to, activated for, or communicated with by more than one Customer.
Limitation of Liability
LoLo shall have no liability arising from:
(a) Recipient allocation decisions;
(b) wait list designations;
(c) Recipient activation or deactivation;
(d) Recipient reassignment;
(e) duplicate Recipient records;
(f) communications sent to a Recipient by multiple Customers;
(g) the inability of a Customer to communicate with a particular Recipient; or
(h) any business, commercial, reputational, operational, or other consequences arising from the administration of the recipient allocation system.
Modification of Allocation Policies
LoLo may modify, suspend, discontinue, or replace its recipient allocation, wait list, activation, suppression, prioritization, and reassignment policies at any time without liability.
Fee Changes
LoLo reserves the right to modify subscription pricing, fees, feature availability, usage limits, or billing practices at any time upon reasonable advance notice to Customer.
Any pricing changes will become effective at the beginning of a subsequent billing cycle following such notice.
Continued use of the Services after a pricing change becomes effective constitutes acceptance of the revised pricing.
Payment Authorization
Customer represents and warrants that Customer is authorized to use the designated payment method and authorizes LoLo and its payment processors to charge all fees, taxes, and other amounts incurred in connection with the Services.
Billable Deliveries
Where Customer’s fees are based in whole or in part on communications delivered to Recipients, each Recipient shall constitute a single billable delivery for a Campaign when LoLo’s systems or the applicable Third-Party Provider indicate that the Campaign has been successfully delivered to that Recipient through at least one delivery method.
LoLo may determine the method or methods used to deliver a Campaign, including email, SMS, text messaging, electronic notification, or any other delivery method made available through the Services.
If multiple delivery methods are associated with the same Recipient, successful delivery through any one such method shall constitute a billable delivery, regardless of whether delivery through another method fails, is blocked, rejected, filtered, suppressed, undeliverable, or otherwise unsuccessful.
A Recipient will not constitute more than one billable delivery for the same Campaign solely because the Campaign is delivered through more than one delivery method.
A Replacement Campaign will not constitute an additional billable delivery.
For billing purposes, LoLo’s system records and the records provided to LoLo by its Third-Party Providers regarding delivery status shall control absent manifest error.
Failed Payments
If any payment is declined, reversed, disputed, returned, or otherwise fails, LoLo may:
(a) retry the payment method;
(b) suspend access to some or all of the Services;
(c) require an alternative payment method;
(d) terminate Customer’s account; and
(e) pursue collection of any outstanding amounts owed.
Customer remains responsible for all costs incurred by LoLo in collecting unpaid amounts, including reasonable collection costs, attorneys’ fees, court costs, and related expenses where permitted by law.
Taxes
Customer is responsible for all applicable sales, use, value-added, goods and services, withholding, or similar taxes associated with the Services, excluding taxes based solely on LoLo’s net income.
No Refunds
Except as expressly provided in these Terms or required by applicable law, all fees paid to LoLo are non-refundable.
Customer acknowledges that fees are charged in consideration for access to the Services and that Customer’s cancellation, non-use, reduced use, or dissatisfaction with the Services does not entitle Customer to a refund.
Customer Data Ownership and License
Ownership of Customer Data
As between Customer and LoLo, Customer retains all right, title, and interest in and to Customer Data.
Except for the licenses and rights expressly granted to LoLo under these Terms, nothing in these Terms transfers ownership of Customer Data to LoLo. For clarity, Customer’s ownership of Customer Data does not include aggregated, anonymized, de-identified, statistical, usage, or other derived data owned by LoLo pursuant to Section 6.3.
Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Customer Data and for obtaining all rights, permissions, consents, and authorizations necessary to provide Customer Data to LoLo and permit LoLo to process Customer Data and perform the Services in accordance with these Terms.
Customer represents and warrants that it possesses all rights, permissions, consents, and authorizations necessary to provide Customer Data to LoLo and to grant the licenses and rights described in these Terms.
License to LoLo
Customer grants LoLo a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, copy, display, modify, analyze, and otherwise use Customer Data as reasonably necessary to:
(a) provide, operate, maintain, and support the Services;
(b) deliver communications, gifts, redemption opportunities, and related functionality;
(c) improve, secure, monitor, troubleshoot, and enhance the Services;
(d) comply with legal obligations
(e) investigate fraud, abuse, security incidents, or violations of these Terms; and
(f) perform other activities reasonably related to providing the Services.
This license terminates when Customer Data is removed from the Services, except to the extent retention is permitted or required under these Terms, applicable law, backup systems, dispute resolution obligations, or legitimate business requirements.
Aggregated and De-Identified Data
LoLo may collect, create, generate, derive, use, analyze, disclose, commercialize, and retain aggregated, anonymized, de-identified, statistical, and usage data derived from or relating to Customer Data, Customer’s use of the Services, Recipient activity, communications, campaigns, Gifts, redemptions, and other activity occurring through the Services, provided that such data does not identify Customer, any Recipient, or any other individual.
As between Customer and LoLo, LoLo owns all right, title, and interest in and to such aggregated, anonymized, de-identified, statistical, and usage data, including all analyses, reports, benchmarks, models, metrics, insights, trends, and other information derived therefrom.
For clarity, LoLo’s ownership of such data does not transfer to LoLo ownership of the underlying identifiable Customer Data, which remains subject to Section 6.1.
LoLo may use, reproduce, modify, combine, analyze, disclose, distribute, commercialize, license, and otherwise exploit such data for any lawful business purpose, including analytics, benchmarking, reporting, research, product development, operational improvements, machine learning, artificial intelligence, development of data products and services, and improvement of the Services.
The rights granted to LoLo under this Section are perpetual and survive expiration or termination of Customer’s Subscription and these Terms.
No Responsibility for Customer Data
LoLo is not responsible for reviewing, validating, monitoring, or verifying Customer Data and assumes no responsibility for the content, legality, accuracy, completeness, or reliability of Customer Data.
Communications Compliance; TCPA, CAN-SPAM, and CASL
Customer Responsibility
Customer is solely responsible for all communications initiated, directed, transmitted, scheduled, delivered, or otherwise facilitated through the Services.
Customer represents and warrants that it has obtained and will maintain all permissions, consents, authorizations, notices, disclosures, and legal rights necessary for LoLo to contact, communicate with, and process information relating to Recipients.
Compliance with Laws
Customer shall comply with all applicable laws, rules and regulations governing communications, marketing, privacy, consumer protection, and data processing, including without limitation:
(a) the TCPA;
(b) the TSR;
(c) the CAN-SPAM Act;
(d) Canada’s Anti-Spam Legislation (“CASL”);
(e) state privacy laws;
(f) telemarketing laws;
(g) consumer protection laws; and
(h) any other applicable laws, regulations, industry standards and guidelines, or governmental requirements, including FCC and/or FTC or other agency rules and regulations that implement the foregoing laws.
Recipient Information
Customer acknowledges and agrees that:
(a) Customer is solely responsible for determining whether Customer has the legal right to contact any Recipient;
(b) Customer is solely responsible for maintaining records of consent and authorization;
(c) Customer is solely responsible for complying with applicable national do-not-call lists and the reassigned numbers database, implementing and maintaining its own internal do-not-call list for Recipients, and honoring unsubscribe, opt-out, revocation, and similar requests by Recipients;
(d)In the event Customer receives a request from a Recipient receiving the Services to “unsubscribe” in response to SMS or MMS or otherwise learns that a Recipient has withdrawn a consent, Customer shall promptly notify Lolo in writing within at least twenty-four (24) hours;
(e) LoLo does not verify the legality of Recipient information supplied by Customer.
SMS and Text Messaging
If Customer provides, uploads, imports, or otherwise makes available a Recipient’s mobile telephone number through the Services, Customer authorizes LoLo to send recurring and automated SMS, MMS or text messages to that Recipient on Customer’s behalf in connection with the Services, including without limitation, Gift notifications, reminders, and other communications initiated or facilitated through the Services.
Customer represents and warrants that, before causing any SMS, MMS or text message to be sent to a Recipient through the Services, Customer has obtained and will maintain all consents, permissions, authorizations, and other rights required by applicable law and applicable carrier, messaging provider, and industry requirements communicated or made available by LoLo, and has provided all notices and disclosures required for the applicable communications.
Customer is solely responsible for maintaining records sufficient to demonstrate any consent or authorization required to send SMS, MMS, or text messages to Recipients. Upon LoLo’s reasonable request, Customer shall promptly provide LoLo with records or other evidence sufficient to demonstrate such consent or authorization.
LoLo may process and honor opt-out, STOP, HELP, revocation, suppression, or similar requests received from Recipients and may maintain platform-level suppression records or otherwise prevent or restrict SMS, MMS, or text messages to Recipients who have opted out or revoked consent.
Customer shall not circumvent or attempt to circumvent any opt-out, revocation, suppression, or messaging restriction, including by deleting and re-adding, re-uploading, importing, modifying, or otherwise resubmitting a Recipient’s telephone number. Customer shall not cause SMS, MMS, or text messages to resume to a Recipient who has opted out or revoked consent unless Customer has subsequently obtained a new consent or authorization in accordance with applicable law to resume such communications.
Customer acknowledges that message frequency may vary and that message and data rates may apply to Recipients.
Prohibited Contact Lists
Customer shall not upload, purchase, rent, scrape, harvest, acquire, or otherwise utilize contact lists in violation of applicable law.
Customer shall not use the Services to communicate with individuals where Customer lacks any consent or authorization required by applicable law.
No Legal Advice
LoLo does not provide legal advice regarding privacy laws, anti-spam laws, telemarketing laws, consent requirements, industry compliance or regulatory compliance.
Customer acknowledges that Customer is solely responsible for obtaining independent legal advice regarding Customer’s use of the Services and Customer’s compliance obligations.
LoLo’s Rights
LoLo may suspend, restrict, investigate, disable, or terminate access to the Services if LoLo reasonably believes Customer has violated this Section or applicable law.
LoLo shall have no liability arising from actions taken pursuant to this Section.
Merchant Network and Redemption Services
Role of LoLo
LoLo provides a technology platform that facilitates the delivery, redemption, administration, reporting, and reimbursement of goods offered by participating Merchants.
LoLo is not the issuer, manufacturer, seller, provider, guarantor, or operator of goods, services, products, experiences, discounts, or other offerings provided by Merchants unless expressly stated otherwise.
These goods offered by participating merchants have no cash value.
Merchant Responsibility
Each Merchant is solely responsible for:
(a) honoring valid Gift redemptions;
(b) the quality, availability, legality, safety, suitability, and accuracy of its products and services;
(c) compliance with applicable laws;
(d) customer service and support relating to its offerings; and
(e) its business operations and practices.
No Warranty Regarding Merchants
LoLo does not warrant, guarantee, or represent:
(a) that any Merchant will remain in business;
(b) that any Merchant will continue participating in the Services;
(c) the quality or availability of any Merchant offering;
(d) that any particular Gift will remain available for redemption; or
(e) that any Merchant will be free from errors, delays, service interruptions, insolvency, closure, bankruptcy, ownership changes, or operational issues.
Merchant Changes
LoLo may add, remove, suspend, replace, limit, or modify participating Merchants, Gifts, redemption opportunities, geographic availability, redemption terms, or related features at any time without liability.
LoLo may cancel or modify a gift if there was a mistake or error in the offering.
LoLo does not guarantee any minimum number of participating Merchants, Gifts, redemption opportunities, geographic coverage, merchant categories, or merchant availability.
Lost, Stolen, Expired, or Unused Gifts
Except where prohibited by applicable law, LoLo shall have no obligation to replace, refund, extend, reactivate, reimburse, or otherwise compensate any Customer or Recipient for lost, stolen, expired, unused, unavailable, or partially redeemed Gifts.
Redemption Disputes
Any dispute regarding the quality, availability, fulfillment, delivery, performance, suitability, or use of a Merchant’s products or services shall be resolved directly between the affected parties and the Merchant.
LoLo shall have no liability arising from such disputes.
Merchant Reimbursements
LoLo may reimburse Merchants for eligible Gift redemptions pursuant to agreements between LoLo and participating Merchants.
Such reimbursement arrangements are solely between LoLo and the applicable Merchant and do not create any rights in favor of Customers or Recipients.
Artificial Intelligence Features
AI Features
LoLo may provide or utilize artificial intelligence, machine learning, predictive analytics, recommendation engines, generative AI systems, automated content generation tools, or similar technologies (“AI Features”) as part of the Services.
AI Features may be used in connection with:
(a) gift copy generation;
(b) communication drafting;
(c) campaign recommendations;
(d) reporting and analytics;
(e) customer support;
(f) operational workflows;
(g) merchant recommendations;
(h) engagement optimization; and
(i) other functionality offered through the Services.
No Guarantee of Accuracy
AI Features may generate inaccurate, incomplete, offensive, misleading, outdated, or inappropriate content.
LoLo does not warrant or guarantee the accuracy, reliability, legality, completeness, or suitability of any output generated by AI Features.
Customer Review Responsibility
Customer is solely responsible for reviewing, evaluating, approving, modifying, and determining the appropriateness of any content, recommendations, analyses, or output generated through AI Features before use.
Customer assumes all risks associated with Customer’s use of AI-generated content.
AI Training Restrictions
Where commercially and technically available, LoLo may configure AI systems and providers to restrict the use of Customer Data and Recipient information for training publicly available artificial intelligence models.
However, Customer acknowledges that AI providers may process information pursuant to their own terms, policies, and technical capabilities.
Changes to AI Features
LoLo may add, modify, replace, suspend, limit, or discontinue AI Features at any time without liability.
AI Features may be designated as beta, experimental, preview, or limited-release functionality and may be subject to additional terms.
Customer Responsibility
Customer shall not rely exclusively on AI-generated content for legal, regulatory, compliance, financial, tax, employment, medical, or other professional decisions.
Customer remains solely responsible for all decisions, communications, campaigns, content, and actions taken using AI Features.
Third-Party Providers and Integrations
Use of Third-Party Providers
LoLo may utilize third-party providers, vendors, contractors, subcontractors, and service providers in connection with the Services, including providers of
(a) payment processing;
(b) merchant reimbursements and accounts payable services;
(c) email delivery;
(d) SMS and messaging delivery;
(e) cloud hosting and infrastructure;
(f) analytics and reporting;
(g) customer support;
(h) authentication and security services;
(i) artificial intelligence technologies; and
(j) other services necessary to operate, maintain, improve, or support the Services.
Third-Party Services
Certain functionality of the Services may depend upon third-party providers, platforms, networks, software, hardware, telecommunications providers, internet service providers, and other systems that are not owned or controlled by LoLo.
Customer acknowledges that the availability and performance of the Services may be affected by such third-party providers.
No Responsibility for Third-Party Providers
LoLo does not control and is not responsible for the products, services, policies, security practices, performance, actions, omissions, errors, delays, outages, failures, or business operations of any Third-Party Provider.
Without limiting the foregoing, LoLo shall not be liable for:
(a) payment processing failures;
(b) email delivery delays or failures;
(c) SMS delivery delays or failures;
(d) carrier filtering, blocking, or message rejection;
(e) merchant payment delays;
(f) hosting interruptions;
(g) internet outages;
(h) data transmission failures; or
(i) any other issue attributable to a Third-Party Provider.
Third-Party Terms
Customer’s use of third-party services, integrations, applications, or providers may be subject to separate terms, conditions, privacy policies, and agreements between Customer and the applicable provider.
LoLo is not responsible for Customer’s compliance with such third-party terms.
Third-Party Provider Changes
LoLo may add, remove, replace, or modify Third-Party Providers at any time in its sole discretion without liability to Customer.
Security and Security Incidents
Security Measures
LoLo maintains commercially reasonable administrative, technical, organizational, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, destruction, loss, misuse, or theft.
Customer acknowledges that no security program, network, platform, or technology can guarantee absolute security.
Customer Responsibilities
Customer is responsible for:
(a) maintaining the confidentiality of account credentials;
(b) utilizing strong passwords and authentication measures;
(c) limiting access to authorized personnel;
(d) maintaining the security of Customer systems and devices; and
(e) promptly notifying LoLo of any suspected unauthorized access to Customer’s account.
Security Incidents
In the event LoLo becomes aware of a Security Incident involving Customer Data maintained by LoLo, LoLo may investigate the Security Incident, take reasonable steps to mitigate its effects, and provide notification as required by applicable law.
For purposes of these Terms, a “Security Incident” means unauthorized acquisition, access, disclosure, destruction, loss, or alteration of Customer Data maintained by LoLo.
No Admission of Liability
Any notification, investigation, response, remediation effort, or communication relating to a Security Incident shall not constitute an admission of fault, liability, wrongdoing, or legal responsibility by LoLo.
Cooperation
Customer agrees to reasonably cooperate with LoLo in connection with the investigation and remediation of any Security Incident affecting Customer Data or Customer’s use of the Services.
Payment Processors and Financial Information
LoLo may utilize third-party payment processors, payment service providers, merchant reimbursement providers, banking partners, accounts payable providers, and other financial service providers (collectively, “Financial Service Providers”) to facilitate subscription payments, merchant reimbursements, refunds, transfers, and other financial transactions.
Customer acknowledges and agrees that:
(a) financial transactions may be processed by Financial Service Providers rather than LoLo;
(b) Financial Service Providers may collect, store, process, and secure payment information, bank account information, payment card information, tax information, and other financial information in accordance with their own terms, privacy policies, and security practices;
(c) LoLo does not control the systems, security procedures, infrastructure, or operations of Financial Service Providers;
(d) LoLo does not warrant or guarantee the security, availability, or performance of any Financial Service Provider; and
(e) LoLo shall not be responsible for any unauthorized access, security incident, data breach, fraud, theft, disclosure, processing error, transaction failure, or other act or omission attributable to a Financial Service Provider.
To the extent LoLo receives or has access to limited financial information in connection with the Services, LoLo shall use such information only for legitimate business purposes related to the operation of the Services and shall not sell such information to third parties.
Security Disclaimer
Except as expressly provided in these Terms, LoLo makes no representation, warranty, or guarantee that the Services will be free from unauthorized access, cyberattacks, malware, data breaches, denial-of-service attacks, system failures, or other security events.
Beta Features and Experimental Services
Beta Features
LoLo may make available beta, preview, pilot, early-access, limited-release, experimental, testing, evaluation, artificial intelligence, or other pre-release functionality (“Beta Features”).
Participation in Beta Features is voluntary and may require acceptance of additional terms.
As-Is Basis
Beta Features are provided strictly on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis.
LoLo makes no representations, warranties, guarantees, service commitments, uptime commitments, performance commitments, or support commitments regarding Beta Features.
Known and Unknown Issues
Customer acknowledges that Beta Features may contain bugs, defects, errors, inaccuracies, interruptions, security vulnerabilities, design flaws, performance limitations, incomplete functionality, or other issues.
Customer assumes all risks associated with the use of Beta Features.
No Liability
To the fullest extent permitted by law, LoLo shall have no liability arising from or relating to Customer’s use of Beta Features.
Feedback
If Customer provides feedback, suggestions, recommendations, ideas, enhancement requests, bug reports, or other input regarding Beta Features, Customer grants LoLo a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, modify, incorporate, disclose, commercialize, and otherwise exploit such feedback without restriction or compensation.
Modification or Discontinuation
LoLo may modify, suspend, restrict, replace, or discontinue any Beta Feature at any time, with or without notice, and without liability to Customer.
LoLo shall have no obligation to make any Beta Feature generally available or continue supporting any Beta Feature.
Intellectual Property Rights
Ownership of the Services
Except for Customer Data and any rights expressly granted to Customer under these Terms, LoLo and its licensors retain all right, title, and interest in and to the Services, including all software, technology, websites, applications, designs, interfaces, content, documentation, trademarks, logos, trade names, reports, analytics, data models, workflows, functionality, and related intellectual property rights.
No rights are granted to Customer except as expressly set forth in these Terms.
Limited License
Subject to Customer’s compliance with these Terms, LoLo grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Customer’s internal business purposes during an active Subscription.
Restrictions
Customer shall not:
(a) copy, modify, reproduce, distribute, sell, lease, sublicense, or commercially exploit the Services;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services;
(c) remove proprietary notices or markings;
(d) create derivative works of the Services;
(e) use the Services to develop a competing product or service; or
(f) access the Services for benchmarking or competitive analysis without LoLo’s prior written consent.
Acceptable Use
Customer shall not, directly or indirectly:
(a) violate any applicable law or regulation;
(b) use the Services for fraudulent, deceptive, abusive, harassing, defamatory, or unlawful purposes;
(c) upload malicious code, malware, ransomware, spyware, viruses, worms, or harmful technology;
(d) interfere with, disrupt, or damage the Services or any third-party systems;
(e) gain unauthorized access to accounts, systems, networks, or data;
(f) scrape, harvest, mine, or extract information from the Services through automated means without authorization;
(g) transmit unlawful, infringing, obscene, threatening, or harmful content;
(h) impersonate any person or entity;
(i) resell, rent, sublicense, or provide access to the Services to unauthorized third parties;
(j) circumvent usage limitations, security controls, billing mechanisms, or access restrictions; or
(k) engage in conduct that could expose LoLo, Merchants,
Recipients, customers, or service providers to legal, regulatory, reputational, operational, or security risk.
(l) run any form of auto-responder or “spam” on the Services;
LoLo may investigate suspected violations and take any action it reasonably deems necessary to protect the Services, including suspension or termination of Customer’s account.
LoLo also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(a) satisfy any applicable law, regulation, legal process or governmental request;
(b) enforce these Terms of Service, including investigation of potential violations hereof;
(c) detect, prevent, or otherwise address fraud, security or technical issues;
(d) respond to user support requests; or
(e) protect the rights, property or safety of us, our users and the public.
Suspension and Termination
Suspension Rights
LoLo may suspend, restrict, disable, or terminate Customer’s access to all or part of the Services at any time if LoLo reasonably believes that:
(a) Customer has violated these Terms;
(b) Customer has violated applicable law;
(c) Customer has engaged in fraud, deception, abuse, misconduct, or unlawful activity;
(d) Customer has violated the TCPA, TSR, CAN-SPAM Act, CASL, privacy laws, telemarketing laws, or other communications-related laws, rules, regulations, guidelines or standards;
(e) Customer has uploaded unlawfully obtained Recipient information;
(f) Customer poses a security risk to the Services, LoLo, Merchants, Recipients, or other customers;
(g) Customer has failed to pay fees when due;
(h) Customer’s actions could expose LoLo to legal, regulatory, financial, reputational, or operational risk; or
(i) suspension or termination is otherwise necessary to protect LoLo, its customers, Merchants, Recipients, service providers, or business interests.
No Refunds Upon Termination for Cause
If LoLo suspends or terminates Customer’s account pursuant to Section 15.1, Customer shall not be entitled to any refund, credit, reimbursement, offset, or compensation of any kind.
Customer remains responsible for all fees, obligations, liabilities, and amounts accrued prior to the effective date of suspension or termination.
Effect of Termination
Upon termination:
(a) Customer’s right to access and use the Services shall immediately cease;
(b) LoLo may disable Customer’s account;
(c) LoLo may remove or restrict access to Customer Data subject to its retention policies and legal obligations; and
(d) all provisions that by their nature should survive termination shall remain in effect.
Termination by Customer
Customer may terminate its Subscription at any time in accordance with the cancellation provisions of these Terms.
Termination by Customer shall not relieve Customer of any obligation to pay amounts accrued prior to termination and shall not entitle Customer to refunds except where required by law.
Feedback
If Customer provides suggestions, recommendations, comments, ideas, enhancement requests, feature requests, bug reports, reviews, or other feedback regarding the Services (“Feedback”), Customer grants LoLo a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable right to use, modify, incorporate, disclose, distribute, commercialize, and otherwise exploit such Feedback for any lawful purpose without restriction, attribution, or compensation.
Customer represents and warrants that Customer has the authority to grant the rights described in this Section.
Disclaimer of Warranties
Services Provided “AS IS”
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. CUSTOMER’S USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK.
LOLO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
Disclaimer of Implied Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, LOLO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(a) WARRANTIES OF MERCHANTABILITY;
(b) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;
(c) WARRANTIES OF TITLE;
(d) WARRANTIES OF NON-INFRINGEMENT;
(e) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND
(f) ANY OTHER IMPLIED WARRANTY.
No Guarantee of Service Availability
LOLO DOES NOT WARRANT OR GUARANTEE THAT:
(a) THE SERVICES WILL BE UNINTERRUPTED;
(b) THE SERVICES WILL BE AVAILABLE AT ALL TIMES;
(c) THE SERVICES WILL BE ERROR-FREE;
(d) THE SERVICES WILL BE SECURE;
(e) THE SERVICES WILL BE FREE OF DEFECTS;
(f) THE SERVICES WILL BE FREE OF HARMFUL CODE;
(g) THE SERVICES WILL OPERATE WITHOUT DELAY; OR
(h) ANY DEFECT, BUG, ERROR, OR ISSUE WILL BE CORRECTED.
No Guarantee of Communications Delivery
LOLO DOES NOT WARRANT OR GUARANTEE THE DELIVERY, TIMING, RECEIPT, DISPLAY, OPENING, READING, OR RESPONSE TO ANY EMAIL, SMS MESSAGE, NOTIFICATION, GIFT, COMMUNICATION, OR OTHER CONTENT SENT THROUGH THE SERVICES.
DELIVERY OF COMMUNICATIONS MAY BE IMPACTED BY THIRD-PARTY PROVIDERS, CARRIERS, FILTERING SYSTEMS, RECIPIENT SETTINGS, INTERNET OUTAGES, SECURITY CONTROLS, AND OTHER FACTORS OUTSIDE OF LOLO’S CONTROL.
No Guarantee Regarding Recipients
LOLO DOES NOT WARRANT OR GUARANTEE:
(a) THAT RECIPIENTS WILL OPEN, VIEW, RECEIVE, REDEEM, RESPOND TO, OR INTERACT WITH ANY COMMUNICATION OR GIFT;
(b) THAT RECIPIENT INFORMATION PROVIDED BY CUSTOMER IS ACCURATE OR VALID; OR
(c) THAT CUSTOMER’S CAMPAIGNS WILL PRODUCE ANY PARTICULAR RESULT.
No Guarantee Regarding Merchants
LOLO DOES NOT WARRANT OR GUARANTEE:
(a) THE QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY MERCHANT’S PRODUCTS OR SERVICES;
(b) THE CONTINUED PARTICIPATION OF ANY MERCHANT;
(c) THE AVAILABILITY OF ANY GIFT OR REDEMPTION OPPORTUNITY;
(d) THE PERFORMANCE OF ANY MERCHANT; OR
(e) THE SATISFACTION OF ANY CUSTOMER OR RECIPIENT WITH A MERCHANT’S PRODUCTS OR SERVICES.
No Guarantee Regarding AI Features
LOLO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, LEGALITY, SUITABILITY, OR FITNESS OF ANY CONTENT, RECOMMENDATION, ANALYSIS, REPORT, OR OUTPUT GENERATED THROUGH AI FEATURES.
CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING AND EVALUATING ALL AI-GENERATED CONTENT BEFORE USE.
No Guarantee of Compliance
LOLO DOES NOT WARRANT OR GUARANTEE THAT CUSTOMER’S USE OF THE SERVICES WILL COMPLY WITH APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION PRIVACY LAWS, COMMUNICATIONS LAWS, MARKETING LAWS, CONSUMER PROTECTION LAWS, OR INDUSTRY REQUIREMENTS.
CUSTOMER IS SOLELY RESPONSIBLE FOR ITS LEGAL AND REGULATORY COMPLIANCE.
Third-Party Providers
LOLO MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY THIRD-PARTY PROVIDER, INCLUDING PAYMENT PROCESSORS, EMAIL PROVIDERS, SMS PROVIDERS, CLOUD HOSTING PROVIDERS, ANALYTICS PROVIDERS, ARTIFICIAL INTELLIGENCE PROVIDERS, OR MERCHANT REIMBURSEMENT PROVIDERS.
No Business Outcome Guarantee
LOLO DOES NOT GUARANTEE ANY PARTICULAR BUSINESS RESULT, INCLUDING WITHOUT LIMITATION:
(a) INCREASED REVENUE;
(b) CUSTOMER RETENTION;
(c) CUSTOMER ACQUISITION;
(d) CLIENT ENGAGEMENT;
(e) REFERRALS;
(f) REDEMPTION RATES;
(g) RESPONSE RATES;
(h) CAMPAIGN PERFORMANCE; OR
(i) RETURN ON INVESTMENT.
Essential Basis of the Agreement
CUSTOMER ACKNOWLEDGES THAT THE DISCLAIMERS CONTAINED IN THIS SECTION ARE A MATERIAL PART OF THE AGREEMENT BETWEEN THE PARTIES AND AN ESSENTIAL BASIS UPON WHICH LOLO MAKES THE SERVICES AVAILABLE.
THE DISCLAIMERS CONTAINED IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
Customer Indemnification
Customer shall defend, indemnify, and hold harmless LoLo, its affiliates, officers, directors, managers, members, employees, contractors, agents, successors, and assigns (collectively, the “LoLo Indemnified Parties”) from and against any and all claims, demands, actions, investigations, proceedings, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:
(a) Customer’s use of the Services;
(b) Customer Data;
(c) Recipient information uploaded or provided by Customer;
(d) communications initiated, transmitted, scheduled, delivered, or directed by Customer through the Services;
(e) Customer’s violation of these Terms;
(f) Customer’s violation of any applicable law, regulation, or governmental requirement;
(g) Customer’s violation of the TCPA, TSR, CAN-SPAM Act, CASL, privacy laws, telemarketing laws, consumer protection laws, or similar laws, rules, regulations or guidelines;
(h) Customer’s failure to obtain legally required consent, authorization, or permission from Recipients;
(i) Customer’s infringement, misappropriation, or violation of any intellectual property, privacy, publicity, confidentiality, contractual, or other rights of any person or entity;
(j) Customer’s use of AI-generated content or recommendations;
(k) disputes involving Recipients, Merchants, customers, clients, prospects, employees, volunteers, donors, members, or other third parties associated with Customer; or
(l) fraud, negligence, misconduct, or unlawful conduct by Customer or Customer’s personnel.
Defense and Cooperation
LoLo reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification.
Customer shall not settle any claim in a manner that imposes liability, obligations, admissions, or restrictions upon any LoLo Indemnified Party without LoLo’s prior written consent.
Customer shall reasonably cooperate with LoLo in the defense of any indemnified claim.
Survival
Customer’s indemnification obligations shall survive termination or expiration of these Terms and Customer’s use of the Services.
Binding Arbitration
Agreement to Arbitrate
Except for disputes expressly excluded in this Section, Customer and LoLo agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Services, Customer Data, communications sent through the Services, or the relationship between the parties shall be resolved exclusively through final and binding arbitration.
This arbitration agreement shall be governed by the Federal Arbitration Act (“FAA”) and shall survive termination of these Terms.
Arbitration Administrator
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. If AAA is unavailable or declines to administer the arbitration, the arbitration shall be administered by JAMS under its applicable commercial arbitration rules. If neither AAA nor JAMS is available, a court of competent jurisdiction shall appoint an alternative nationally recognized arbitration provider.
Venue
The arbitration shall be conducted in Wake County, North Carolina, unless the parties agree otherwise.
Arbitrator Authority
The arbitrator shall have exclusive authority to resolve all disputes regarding:
(a) interpretation of these Terms
(b) applicability of arbitration;
(c) enforceability of arbitration
(d) arbitrability of claims; and
(e) formation of this Agreement.
The arbitrator may award any remedy available under applicable law, subject to the limitations contained in these Terms.
Exceptions
Nothing in this Section prevents either party from:
(a) seeking temporary, preliminary, or emergency injunctive relief;
(b) pursuing claims in small claims court where permitted by law; or
(c) seeking protection of intellectual property rights or confidential information in a court of competent jurisdiction.
Confidentiality
The existence, content, and outcome of any arbitration shall be confidential except as required by law or to enforce an arbitration award.
Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND LOLO EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Class Action Waiver
Individual Claims Only
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND LOLO AGREE THAT ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MASS ACTION.
No Class Arbitration
The parties agree that:
(a) class arbitrations are prohibited;
(b) collective arbitrations are prohibited;
(c) representative arbitrations are prohibited;
(d) mass arbitrations are prohibited; and
(e) claims of multiple customers may not be consolidated or joined without the written consent of all parties.
Severability
If a court determines that this Class Action Waiver is unenforceable with respect to a particular claim, then that claim shall proceed in a court of competent jurisdiction, and all remaining provisions of the arbitration agreement shall remain in full force and effect to the fullest extent permitted by law.
Material Provision
Customer acknowledges and agrees that the arbitration agreement and class action waiver are material provisions of these Terms and that LoLo would not enter into this Agreement without them.
Limitation of Liability
Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOLO, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION:
(a) LOST PROFITS;
(b) LOST REVENUE;
(c) LOST BUSINESS OPPORTUNITIES;
(d) LOSS OF GOODWILL;
(e) LOSS OF DATA;
(f) BUSINESS INTERRUPTION;
(g) LOSS OF USE;
(h) COST OF SUBSTITUTE SERVICES; OR
(i) ANY OTHER SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF LOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LOLO ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, CUSTOMER DATA, COMMUNICATIONS SENT THROUGH THE SERVICES, OR ANY CLAIM OF ANY KIND SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO LOLO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Basis of the Bargain
CUSTOMER ACKNOWLEDGES THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS ARE MATERIAL ELEMENTS OF THE AGREEMENT BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN.
CUSTOMER FURTHER ACKNOWLEDGES THAT LOLO WOULD NOT PROVIDE THE SERVICES ON THE SAME TERMS OR AT THE SAME PRICING WITHOUT SUCH LIMITATIONS.
Application
THE LIMITATIONS CONTAINED IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, EQUITY, OR OTHERWISE, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law
These Terms, the Services, all transactions between the parties, and any dispute, claim, controversy, or cause of action arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to any conflict-of-law principles that would require the application of the laws of another jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
The parties expressly agree that North Carolina law shall govern regardless of Customer’s location, place of business, residence, or jurisdiction of incorporation.
Venue and Jurisdiction
Subject to the arbitration provisions contained in these Terms, Customer and LoLo irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Wake County, North Carolina for:
(a) actions seeking temporary, preliminary, or permanent injunctive relief;
(b) actions to compel arbitration;
(c) actions to enforce an arbitration award;
(d) actions concerning intellectual property rights;
(e) actions concerning confidential information; and
(f) any matter that is not subject to arbitration under these Terms.
Customer waives any objection based upon lack of personal jurisdiction, improper venue, forum non conveniens, or any similar doctrine.
Customer further agrees not to bring any action arising from or relating to the Services in any jurisdiction other than those specified in this Section.
Nothing in this Section limits LoLo’s right to seek equitable relief, injunctive relief, or other remedies in any jurisdiction where such relief may be necessary to protect LoLo’s rights, confidential information, intellectual property, or business interests.
Export Controls and Sanctions
Customer represents and warrants that:
(a) Customer is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive economic sanctions or embargoes imposed by the United States;
(b) Customer is not identified on any governmental list of prohibited or restricted parties
(c) Customer will not use the Services in violation of any applicable export control, trade sanctions, anti-boycott, or similar laws or regulations; and
(d) Customer will not permit any person or entity to access or use the Services in violation of applicable export control or sanctions laws.
LoLo may suspend or terminate access to the Services if LoLo reasonably believes Customer’s use violates this Section.
Electronic Communications and Electronic Signatures
Customer agrees that all agreements, notices, disclosures, invoices, records, communications, updates, and other materials provided electronically by LoLo satisfy any legal requirement that such communications be in writing.
Customer consents to receiving communications electronically, including through email, the Services, Customer’s account, or other electronic means.
Customer further agrees that electronic signatures, electronic acceptances, click-through agreements, and electronic records shall have the same force and effect as handwritten signatures and paper records to the fullest extent permitted by applicable law.
Digital Millennium Copyright Act Compliance
LoLo respects the intellectual property rights of others and does not permit copyright infringing activities on the Service. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the LoLo Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LoLo to locate the material;
Information reasonably sufficient to permit LoLo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The LoLo, LLC Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent c/o LoLo, LLC, 238 Clingman Ave. Extension, Asheville, NC 28801, or by email at legal@joinlolo.com. For clarity, only DMCA notices should go to the LoLo Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to LoLo customer service through support@joinlolo.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
Force Majeure
LoLo shall not be liable for any delay, interruption, failure, or inability to perform resulting from causes beyond its reasonable control, including without limitation:
(a) acts of God;
(b) natural disasters;
(c) fire, flood, earthquake, storm, or severe weather;
(d) war, terrorism, civil unrest, riots, or armed conflict;
(e) labor disputes or shortages;
(f) governmental actions, laws, regulations, or orders;
(g) internet outages;
(h) telecommunications failures;
(i) cloud service failures;
(j) cyberattacks, denial-of-service attacks, ransomware attacks, or other security incidents;
(k) failures of Third-Party Providers; or
(l) any other event beyond LoLo’s reasonable control.
LoLo’s obligations shall be suspended for the duration of the force majeure event.
Miscellaneous
Entire Agreement
These Terms, together with any incorporated policies, order forms, and amendments, constitute the entire agreement between Customer and LoLo regarding the Services and supersede all prior or contemporaneous agreements, understandings, representations, and communications relating to the Services.
Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver
Failure by LoLo to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment
Customer may not assign, transfer, delegate, or otherwise convey any rights or obligations under these Terms without LoLo’s prior written consent.
LoLo may assign these Terms without restriction in connection with a merger, acquisition, financing, reorganization, sale of assets, or other corporate transaction.
Survival
Any provisions that by their nature should survive termination shall survive, including without limitation provisions relating to fees, intellectual property, indemnification, limitation of liability, arbitration, class action waiver, confidentiality, and governing law.
Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, agency, fiduciary relationship, employment relationship, or franchise relationship between Customer and LoLo.
Headings
Section headings are for convenience only and shall not affect interpretation of these Terms.
Changes to These Terms
Right to Modify
LoLo reserves the right to modify, amend, update, supplement, or replace these Terms at any time in its sole discretion.
Notice of Changes
If LoLo makes material changes to these Terms, LoLo may provide notice by one or more of the following methods:
(a) posting the updated Terms on LoLo’s website;
(b) displaying a notice through the Services;
(c) sending an email to the email address associated with Customer’s account; or
(d) any other reasonable method of communication.
Customer is responsible for maintaining a current email address and regularly reviewing the Terms for updates.
Effective Date of Changes
Unless otherwise stated, revisions to these Terms shall become effective upon posting or upon the effective date identified in the updated Terms.
Material changes may become effective after a reasonable notice period as determined by LoLo.
Continued Use Constitutes
Acceptance
Customer’s continued access to or use of the Services after the effective date of revised Terms constitutes Customer’s acceptance of the revised Terms.
If Customer does not agree to any revised Terms, Customer’s sole remedy is to discontinue use of the Services and cancel its Subscription.
No Requirement for Individual Notice
To the fullest extent permitted by law, LoLo shall have no obligation to provide individual notice of every modification to these Terms.
Customer acknowledges that publication through the Services or on LoLo’s website constitutes reasonable notice of modifications.
Prior Versions
LoLo may maintain prior versions of these Terms for reference purposes but shall have no obligation to do so.
The then-current version of the Terms shall govern Customer’s use of the Services unless otherwise expressly stated.
Notices
Notices from LoLo
LoLo may provide notices, disclosures, legal communications, updates, invoices, policy changes, security notifications, and other communications to Customer by:
(a) email sent to the email address associated with Customer’s account;
(b) posting within the Services;
(c) posting on LoLo’s website;
(d) account notifications; or
(e) any other reasonable method of communication.
Such notices shall be deemed received:
(i) immediately upon posting through the Services;
(ii) immediately upon posting to LoLo’s website; or
(iii) upon transmission of an email to Customer’s last known email address.
Customer Contact Information
Customer is responsible for maintaining accurate and current account contact information, including email addresses and billing information.
LoLo shall not be responsible for notices that Customer fails to receive due to outdated or inaccurate account information.
Legal Notices to LoLo
Except where otherwise specified, legal notices to LoLo shall be delivered to:
LoLo, LLC 4030 Wake Forest Road, Suite 349, Raleigh, NC 27609
and/or legal@joinlolo.com
Legal notices shall be deemed effective only upon actual receipt by LoLo.
Notices Relating to Arbitration
Any notice relating to arbitration, disputes, claims, or legal proceedings must comply with the notice requirements contained in these Terms and applicable arbitration rules.
Equitable Relief and Injunctive Remedies
Irreparable Harm
Customer acknowledges that any actual or threatened violation of these Terms involving:
(a) Customer Data;
(b) Recipient information;
(c) confidential information;
(d) intellectual property rights;
(e) unauthorized access to the Services;
(f) misuse of account credentials;
(g) circumvention of security measures; or
(h) other misuse of the Services,
may cause immediate and irreparable harm to LoLo for which monetary damages alone may be an inadequate remedy.
Right to Seek Equitable Relief
Notwithstanding any arbitration or dispute resolution provisions contained in these Terms, LoLo may seek temporary, preliminary, emergency, permanent, or other equitable relief, including injunctive relief and specific performance, in any court of competent jurisdiction.
No Waiver of Arbitration
Seeking equitable or injunctive relief shall not constitute a waiver of LoLo’s right to compel arbitration of any claim subject to arbitration under these Terms.
No Bond Requirement
To the fullest extent permitted by law, Customer agrees that LoLo may seek equitable relief without the necessity of posting bond, security, or proving actual damages.
Legal Requests and Subpoenas
Legal Requests and Governmental Inquiries
If LoLo receives a subpoena, court order, governmental request, regulatory inquiry, civil investigative demand, discovery request, or similar legal process relating to Customer, Customer’s account, Customer Data, Recipient information, communications, or use of the Services, LoLo may respond in accordance with applicable law.
To the extent permitted by law, LoLo may provide notice to Customer before responding.
Cost Recovery
Customer agrees to reimburse LoLo for all reasonable costs and expenses incurred in responding to legal requests relating to Customer, including without limitation:
(a) attorney fees;
(b) employee and contractor time;
(c) document retrieval costs;
(d) document review costs;
(e) production expenses;
(f) expert or consultant fees; and
(g) other reasonable compliance-related expenses
LoLo may invoice Customer for such costs, and Customer shall pay such amounts within thirty (30) days of invoice.
Confidential Information
For purposes of these Terms, “Confidential Information” means non-public business, financial, technical, operational, product, pricing, merchant, customer, marketing, security, and strategic information disclosed by one party to the other and designated as confidential or that reasonably should be understood to be confidential under the circumstances.
Confidential Information includes, without limitation:
(a) pricing and commercial terms;
(b) merchant agreements;
(c) product roadmaps;
(d) software and technical information;
(e) security practices;
(f) non-public business plans;
(g) customer lists; and
(h) other proprietary information.
Protection of Confidential Information
Each party agrees to:
(a) use the other party’s Confidential Information solely for purposes related to the Services;
(b) protect Confidential Information using at least reasonable care;
(c) restrict access to persons with a legitimate need to know; and
(d) not disclose Confidential Information to third parties except as permitted by these Terms or required by law.
Exclusions
Confidential Information does not include information that:
(a) is or becomes publicly available through no fault of the receiving party;
(b) was lawfully known by the receiving party before disclosure
(c) is independently developed without use of Confidential Information; or
(d) is lawfully obtained from a third party without restriction.
Survival
The obligations contained in this Section shall survive termination of these Terms for a period of five (5) years, except that trade secrets shall remain protected for so long as they qualify as trade secrets under applicable law.
Trademark
“LoLo” is the registered trademark of LoLo, LLC for its respective registered uses, and are used with exclusive permission. “LoLo Gifts” is a trademark of LoLo, LLC. The logos used on the Site and Apps and other marks, graphics, logos, scripts and sounds are trademarks of LoLo, LLC. None of these trademarks may be used, copied, downloaded, or otherwise exploited without express written permission of LoLo, LLC.