Terms of Service

Terms of Service

Last Updated: 04/17/2025

Lavu, Inc. (“Lavu”) and/or its affiliates and subsidiaries (collectively, “Lavu” “we” or “us”’ or “our”) offer clients certain websites, software, applications, content, product, and services (“Lavu Products”) which may be branded Lavu, LavuPay, MenuDrive, Lavu Payroll or another brand owned or licensed by Lavu.

This Terms of Service Agreement (this “Agreement”) is a legal agreement between Lavu and you (“you,” “your”) governing the Lavu Products and their respective websites (or such other website(s) as we may designate from time to time) that we may currently or in the future provide or offer. To receive or use any of the Lavu Products, you must accept all of the terms of this Agreement. If you do not agree with these terms and do not want to be bound by this Agreement, you may not use, access, or order any of the Lavu Products.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR ANY OF THE LAVU PRODUCTS OR BY ACCESSING OR USING ANY OF THE LAVU PRODUCTS ON OUR WEBSITES, OR BY DOWNLOADING ANY OF THE LAVU PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THIS AGREEMENT IN ITS ENTIRETY ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH ORDER, USE, DOWNLOAD OR ACCESS. YOU REPRESENT, COVENANT AND WARRANT THAT YOU HAVE THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT, AGREE AND ENTER INTO THIS AGREEMENT IN ITS ENTIRETY ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT. YOU REPRESENT, COVENANT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ACCEPT, AGREE AND ENTER INTO THIS AGREEMENT IN ITS ENTIRETY.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU SUBSCRIBE TO ANY OF THE LAVU PRODUCTS FOR A TERM (THE “INITIAL TERM”), THEN THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT THE LAVU PRODUCT’S THEN-CURRENT FEES FOR SUCH LAVU PRODUCT UNLESS YOU OPT OUT OF THE AUTORENEWAL IN ACCORDANCE WITH SECTION BELOW OR UNLESS LAVU GIVES YOU NOTICE THAT IT HAS ELECTED NOT TO RENEW THIS AGREEMENT (IN ITS SOLE AND EXCLUSIVE DISCRETION).

Headings

User Accounts

To utilize any of the Lavu Products, you will need to create a User Account. During registration you will be asked for both your personal information and information regarding your business. The information that you submit to create your User Account must be complete, accurate and up to date. You must also keep the business and personal information in your User Account up to date during the term of the subscription (including any renewals). If you open a User Account for a company, organization or other entity, you represent, covenant and warrant that you are an authorized representative of the company, organization or other entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement in its entirety on the entity’s behalf. We reserve the right to suspend or terminate any User Account that fails to comply with the account registration requirements or that we find to contain information that is untrue, inaccurate, incomplete, or outdated. We reserve the right to suspend or terminate your User Account, revoke your Software License (as defined below) and delete all data associated with your User Account without prior notice if there has been no Account Activity in your User Account for a period of 180 days. You are responsible for all activities that occur under your User Account. You agree to immediately notify Lavu of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security or strange or unusual activity.

Software

Lavu Products: In General

All of the Lavu Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Lavu Products without prior notice. Prices for the Lavu Products are subject to change at any time, but changes will not affect any order for Lavu Products you have already placed. Lavu Products may be purchased or leased as indicated in your order.

Lavu Products: Title

Title for Lavu Products purchased from us passes to the purchaser at the time of delivery by Lavu to the freight carrier and you will be responsible for any Lavu Product loss or damage that occurs when the Lavu Product is in transit to you. Lavu or the applicable third-party financing/rental company approved by us (“Financing Partner”) retain title to any Lavu Products you lease or rent from us or the applicable Financing Partner, however, you remain responsible for any Lavu Product loss or damages that occurs when the Lavu Product is in transit to you. Our delivery charges and methods are as described on our website from time to time and are subject to change without prior notice.

Returns and Refunds

You may request a return of purchased, unopened Lavu Products (excluding software or services) within fifteen (15) days of the order date by contacting [email protected]. If approved, Lavu will issue a return materials authorization (RMA). Returned products must be received by Lavu within ten (10) days of RMA issuance, freight prepaid by you, in new, unused condition, in original packaging. Refunds, if approved, exclude shipping, handling, and restocking fees (20% of purchase price). No refunds are provided for software, subscriptions, services, or leased/financed products. Lavu’s determination of eligibility is final.

Leased or Financed Lavu Products

Leased or financed Lavu Products shall at all times remain the property of Lavu or our Financing Partner (the “Product Owner”). The Product Owner retains and you hereby grant to Lavu and the Product Owner, as applicable, a security interest in and to the leased Lavu Products. You agree to execute any and all documents and filings to perfect the same. You agree not to permit any third party (other than the Product Owner) to obtain any security interest, lien or other encumbrance on such leased or financed Lavu Products. You will promptly return, at your expense, such leased or financed Lavu Products to Lavu’s or the Product Owner’s designated address when the lease expires or this Agreement terminates. You bear all risk of loss or damage to the leased or financed Lavu Products. You will pay for the cost of replacing leased or financed Lavu Products if you do not return the leased or financed Lavu Product in good working order (normal wear and tear excepted) when the applicable rental, lease or subscription period expires or when this Agreement terminates.

Lavu Product Maintenance, Support, Repair or Replacement Services

Certain Lavu Products may be subject to our maintenance, support, repair or replacement services (including NDR defined below) as indicated in your order with us. Any parts or replacement Lavu Products provided to you hereunder shall not extend the original warranty period and may consist of a new, refurbished, used or functionally equivalent product. Our maintenance, support, repair or replacement services (including NDR) will not be provided with respect to: (i) Lavu Products that have been altered or modified by anyone who is not our authorized representative, (ii) damage caused by abuse, misuse, fire, failure to properly service and maintain, natural disasters or any other causes, (iii) Lavu Products that have been lost or stolen, or (iv) cosmetic damage, including but not limited to, scratches and dents, that do not otherwise affect the value or functionality of the Product.

Next Day Replacement Services

If you subscribe to our next day replacement Service (“NDR Service”) with respect to any Lavu Product, replacement orders received by us (i) on Monday-Friday before 5PM Eastern Time will be processed and shipped by us to you on the same business day for next business day delivery (next day Saturday shipments are subject to availability in your areas),and (ii) on Saturdays and Sundays will be processed and shipped by us to you on Monday (or the next business day), in most cases and subject to the availability of next day freight in your location. The foregoing processing and shipping times are estimates and exclude holidays and delays outside of our reasonable control (e.g., unusual storms or natural disasters, Lavu Product shortages, labor disruptions, freight carrier issues, or unavailability, etc.). You must comply with our generally applicable policies and procedures regarding NDR Service orders and must return any replaced Lavu Products in accordance with the Returns and Refunds Section above.

Mobile Devices and Third-Party Carriers

Use of your User Account requires compatible mobile devices and an internet connection that meets certain minimum speed requirements, which you are responsible for providing. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing any of our websites or using any of the Lavu Products or your User Account. You are responsible for determining the compatibility of any Lavu Product you order with other products and services you use. We are not liable for any required or necessary agreements with the mobile device provider or internet service provider and we do not warrant that any Lavu Product you ordered or the User Account will be compatible. Any mobile device that has been illegally altered or modified in any way is not a compatible device. You understand and accept that use of such a device is prohibited, a violation of the terms of this Agreement, and could result in the suspension or termination of your User Account.

Unauthorized, Improper or Illegal Use

If it is determined that your User Account has been used for potential or actual immoral, unsuitable, injurious, destructive, improper, illegal or criminal purposes you acknowledge and authorize us to share any information about you, your User Account, your use of any ordered Lavu Product and any other data deemed necessary or appropriate by us (in our sole and exclusive discretion) to the appropriate law enforcement agencies. In addition, you acknowledge and authorize us to share any information about you, your User Account, your use of any ordered Lavu Product and any other information or data requested by a third-party in response to answering or responding to a valid subpoena issued by a court or administrative agency. You are responsible for verifying that the Lavu Product that you ordered or your User Account and the functionality of such Lavu Product or User Account comply with all applicable laws, including but not limited to local, state, and federal laws, that may govern your use of the Lavu Product, or your User Account or the features contained within the Lavu Product, or your User Account. You agree that you will not use any Lavu Product, or your User Account or certain features contained within the Lavu Products, or your User Account, if it is not legal to do so in your location. Your use of any ordered Lavu Product, or your User Account and the features contained therein constitute your representation that such use and features do not violate any applicable local, state, or federal laws. You agree to fully and wholly indemnify and hold us harmless in any liability arising out of your use of any ordered Lavu Product, or your User Account or the features of any ordered Lavu Product, or your User Account in the event such use or features violate any applicable local, state or federal laws, and you agree not to pursue any damages or remedies against us relating to or arising out of the same. You are solely responsible for your use of any ordered Lavu Product, or your User Account and the features therein, and you agree that such use by you is a waiver of any claims you may have against us in the event such use, the ordered Lavu Product, or your User Account or the features of such Lavu Product, or your User Account violate any applicable local, state, or federal laws.

Accepting Credit Card Payments

We do not directly handle processing of credit card transactions. The Lavu Products simply facilitate transacting credit cards through integrated third-party Credit Card Gateway and Processing partners. By transacting credit cards through Lavu Products, you must agree to the terms and conditions set by the Credit Card Gateway and Processor being used.

You are responsible for verifying that your credit card batch is settled and that all amounts are correct on a daily basis. It is your responsibility to notify us immediately, if you notice a problem with authorizations, tip amounts, transacting payments, processing, batching, the settlement amount or any strange or unusual activity. Your failure to notify us of an error in authorizations, tip amounts, transacting payments, processing, batching, the settlement amount or any strange or unusual within seven (7) days of the date of a discrepancy, shall constitute a waiver of liability to us. “User Control Panel” means the control panel used to change settings and options for your User Account.
If you use the Lavu Products to process credit card transactions you represent, covenant and warrant that you have the funds available to pay the Credit Card Gateway, Processing partners or counterparties you selected to process the credit card transaction.
We are not liable for any damages if the error was caused by you, your misuse of the Lavu Products, or your User Account, or the Credit Card Gateway or Processor.
We may offer a feature that facilitates transacting Offline Credit Card Transactions with the Lavu Products, or your User Account. If you choose to utilize this feature you agree that we are not liable for any damages or losses from the use of this feature. The use of this feature is at your sole risk. To the maximum extent permitted by applicable law, this feature is provided on an “As Is” and “As Available” basis without any guarantee or warranty of any kind by us.

Taxes

Fees do not include Taxes (as defined below), unless expressly indicated otherwise by us on an invoice. If any Lavu Products, or payments for any Lavu Products, under this Agreement are subject to Tax in any jurisdiction and you have not remitted the applicable Tax to us, you will be responsible for the payment of such Tax and any related penalties or interest to the relevant tax authority. You represent and covenant that you will indemnify us and our affiliates or subsidiary entities for any liability or expense we or our affiliates or subsidiary entities may incur in connection with such Taxes, including penalties, late charges or interest. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable Taxes. For purposes of this section, “Tax” or “Taxes” shall mean any and all sales, use, property, value added, or other transactional taxes, duties, levies or other amounts arising out of or related to your purchase, subscription to or use of any of the Lavu Products. Taxes do not include our income taxes in the United States of America. You agree to make all payments of Fees to us in United States dollars free and clear of, and without reduction for, any Taxes. All amounts payable to us will be grossed-up to the extent there is any legally required withholding so that we receive from you in United States Dollars the amount we contemplated. Any Taxes imposed on payments of Fees to us will be your sole responsibility, and you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such Taxes have been paid by you.

Fees

You agree to pay all fees for Lavu Products as specified on our website or in your order, in U.S. dollars. All fees are nonrefundable, including subscription, service, and transaction fees, except as expressly stated in the Returns and Refunds section. Lavu may change fees for subsequent subscription periods with notice via email, website, or User Account. If you do not consent to fee increases, you must cancel your subscription before the Renewal Commencement Date. Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, and you are liable for all collection costs, including reasonable attorneys’ fees.

By providing a payment method, you authorize Lavu or its third-party payment processor to charge all fees and charges immediately, without additional notice. Invalid or unaccepted payment methods may result in suspension or termination of your access. Subscriptions auto-renew indefinitely at Lavu’s then-current rates unless canceled by contacting Customer Care at before the Renewal Commencement Date. No prorated refunds are provided for cancellations. Financing through a Financing Partner does not relieve your obligation to pay the Financing Partner, which survives termination of this Agreement.

Your subscription with us for any ordered Lavu Product will continue indefinitely until terminated in accordance with this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then current price for such subscription. You agree that your subscription will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by contacting Customer Care at 505-559-5100 or if we notify you that we are not renewing your subscription (in our sole and exclusive discretion). If you do not wish your subscription to renew automatically, or if you want to change or cancel your subscription, please contact Customer Care at 505-559-5100. You may not cancel your subscription prior to the end of your then current subscription term. If you cancel your subscription, you may use your subscription until the end of your then current subscription term; your subscription will not be renewed after your then current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period. By subscribing, you authorize us (or our third-party payment processor) to immediately charge your credit card or payment method at the beginning of your initial subscription period, and again at the beginning of any subsequent subscription period.

You acknowledge and agree that we will charge all applicable fees and charges due to the credit card or other form of non-invoice payment method that you provided to us upon order placement and prior to shipment of any Lavu Products.

We may use third party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). Where applicable, you agree to be bound by such third-party payment processors’ terms and conditions in connection with such services. You hereby consent to provide and authorize us and any third-party payment processor to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information.

Some Lavu Products may offer a free trial period that starts when you create a User Account for such Lavu Product. After the trial period has expired, you will be required to provide your credit card or payment method and you will be charged any Fees applicable to your selected Lavu Product. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion. Details of any free trial period can be found on the website of such Lavu Product or as otherwise agreed in writing by us in an order with you.

MenuDrive Fees

Customers who choose to use MenuDrive will be assessed a 2% fee on all transactions while they are active on the platform. If you are using LavuPay (Payment Processing by Lavu) you will not be assessed this fee.

LavuCare Annual Fee

LavuCare ensures that your restaurant keeps running smoothly by offering overnight hardware replacement in the event of equipment defect or failure. Just give our support team a call, and we’ll send a replacement to minimize disruption. Please note that LavuCare is designed to cover individual hardware issues and does not include mass loss or natural disasters.

LavuCare coverage is included by default on all Lavu deals for $199 per year, payable on the anniversary month of your contract. Nothing is due at signing. Shipping and handling fees apply for each replacement.

Customer Service

We reserve the right to include and utilize tools, capabilities and methods in our software and applications to allow remote access to the devices or computers that contain the software or application or the computer network to which the devices or computers are connected. We may use this remote access functionality to log in to the devices or computers to monitor, modify, alter or otherwise manipulate the data on the remote device for the purpose of providing technical support and ensuring that the Services function as intended.

Notices

Lavu may post notices, disclosures, or amendments to this Agreement on its websites, via email, or in your User Account, effective immediately upon posting or transmission. Continued use of Lavu Products constitutes acceptance of any amendments. You are responsible for maintaining a current email address in your User Account. Lavu’s dispatch of notices to your provided email constitutes effective notice, regardless of delivery failure. Written notices to Lavu must be sent to 6614 Gulton Ct NE Suite B, Albuquerque, NM 87109, and are deemed received upon actual receipt by Lavu.

Your Content

You grant Lavu a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, fully sublicensable license to use, reproduce, modify, distribute, display, perform, create derivative works from, and incorporate your User Content into Lavu Products or other works for any purpose, including marketing, product development, AI training, or promotion, without compensation or further permission. You represent and warrant that you own or have permission to use all User Content. Lavu may edit, modify, or delete User Content at its discretion and is not liable for any loss or damage to User Content or User Data.

We reserve the right to edit, modify or delete User Content at our discretion.
We may use any User Content for advertising or any other purposes.
We take no responsibility and are not liable for any loss or damage to User Content.
We reserve the right to edit, modify or delete User Data at our discretion.
We take no responsibility and are not liable for any loss or damage to User.

Copyright and Trademark Infringement

We respect and honor trademark and copyright rights of others and we ask that you do the same. Any valid notices of copyright or trademark infringement to us may be responded to with suspension or termination of an ordered Lavu Product of any User Account who violates the copyrights and trademarks of others.

Security

We utilize policies, procedures, and technical measures to protect your personal information from accidental loss or malicious acquisition, use, alteration, or access. We cannot guarantee that unauthorized personnel will never be able to access your information by circumventing or breaking the measures in place to prevent such activity. Your acknowledgement of this Agreement represents your understanding that you provide your personal information at your own risk.

Term; Termination

This Agreement commences when you first use any Lavu Products and continues for the selected subscription term (e.g., monthly, annual), automatically renewing unless terminated earlier. Lavu may, in its sole discretion, permanently or temporarily suspend, terminate, or refuse access to Lavu Products, websites, or your User Account without notice or liability for any reason, including suspected or actual violation of this Agreement, non-payment, or misuse.

Upon termination, you must immediately cease using Lavu Products, and your license to use Lavu Products ends. Lavu has no obligation to retain, provide access to, or allow extraction of User Content or User Data post-termination, except as required by applicable law or card association rules. Lavu may delete all User Content and User Data immediately upon termination, without liability to you or any third party. You remain liable for all fees and obligations accrued prior to termination.

License; Restrictions

Subject to this Agreement, we grant you a nontransferable, nonexclusive, without rights of sublicense, revocable, limited use license to use and access, solely for your own personal, noncommercial use (i) any Lavu Products that you ordered on any compatible device that you own or control, and (ii) the other aspects of Lavu Products. Furthermore, with respect to any Lavu Products accessed through or downloaded from the Google Play Store or Apple App Store (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using such Lavu Products. To the extent the terms of this Agreement provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

The rights granted to you in this Agreement are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Lavu Products or any leased or rented Lavu Products; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of any Lavu Products, except to the extent such restriction is prohibited by law; (iii) you agree not to access any Lavu Products in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of any Lavu Product may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Lavu Products or any of our other systems, devices or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to any Lavu Product or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any Lavu Products by means other than through the interface that is provided by us; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with any Lavu Products. Any future release, update, or other addition to functionality of any Lavu Product shall be subject to this Agreement.

You acknowledge and agree that the availability of the Lavu Products is dependent on the App Store from which you received the license. You acknowledge that this Agreement is between you and us and not with the App Store and that we, and not the App Store, are responsible for the Lavu Products and the content thereof. We are responsible for providing any maintenance and support services with respect to the Lavu Products and the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to any Lavu Product. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any Lavu Product to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for such Lavu Product to you; and to the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the Lavu Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. You acknowledge that we, and not the App Store, is responsible for addressing any claims relating to the Lavu Products or your possession and/or use of the Lavu Products, including, but not limited to: (i) product liability claims; (ii) any claim that the Lavu Products fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the ordered Lavu Product infringe or your possession and use of such Lavu Product that third party’s intellectual property rights, we and not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with, and your license to use the Lavu Products is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies and the Usage Rules) when using the Lavu Products. You acknowledge and agree that the App Stores and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the App Stores will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Ownership of Services

Except as otherwise noted in this Agreement or as otherwise agreed in writing by us in an order with you, Lavu Products are licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. This Agreement does not grant you any rights to our service marks or trademarks, or any other intellectual property rights. Lavu Products are protected by intellectual property laws, including but not limited to trademark, patent, trade secret and copyright laws. We own all Intellectual Property Rights in the Lavu Products. There are no implied licenses granted under this Agreement.

Any ideas, suggestions or comments submitted, including but not limited to ideas for new products or ways to improve the Lavu Products, is gratuitous and at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such feedback. You agree that we may use the feedback in any way and that you waive any right to any compensation or other benefit from our use of the idea.

Indemnity

You agree to indemnify, defend, and hold harmless Lavu, its affiliates, officers, directors, employees, agents, suppliers, Financing Partners, and licensors from any claims, losses, damages, judgments, penalties, taxes, interest, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your breach of this Agreement; (ii) your use or inability to use Lavu Products; (iii) violations of any law, rule, or regulation by you, your employees, or agents; (iv) use of Lavu Products with your User Account credentials; (v) User Content or third-party integrations; or (vi) infringement of any third-party rights, including intellectual property, privacy, or publicity rights. This obligation survives termination of this Agreement.

Export

You may not use, export, import, or transfer any ordered Lavu Product except as authorized by U.S. law, the laws of the jurisdiction in which you obtained or use such Lavu Product and any other applicable laws. In particular, but without limitation, Lavu Products may not be exported or reexported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Lavu Products you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Lavu Products provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer any Lavu Product, either directly or indirectly, to any country in violation of such laws and regulations.

Representation and Warranties

You represent and warrant to us that: (i) you are eighteen (18) years of age or older; (ii) you are eligible to register and use any ordered Lavu Product and have the power, ability, and right to enter into a perform under this Agreement; (iii) the name used to create the User Account is your name or the name of your business under which you will utilize your ordered Lavu Product; (iv) you will not, directly or indirectly, use any Lavu Product for illegal, immoral or fraudulent activity or to interfere with any Lavu Product; (v) your use of any Lavu Product will comply with this Agreement.

No Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF ANY LAVU PRODUCT IS AT YOUR SOLE RISK AND THE LAVU PRODUCTS AND ANY CONTENT OR INFORMATION PROVIDED BY LAVU PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM LAVU/SOURCERY WILL CREATE A WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE LAVU PRODUCTS ARE RELIABLE, CORRECT, OR ACCURATE; THAT THE LAVU PRODUCTS ARE VIRUS FREE OR CONTAIN NO HARMFUL COMPONENTS OR CODE; THAT THE LAVU PRODUCTS WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, SECURE, OR UNINTERRUPTED; THAT THE LAVU PRODUCTS WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. ANY DOWNLOADED CONTENT THROUGH THE USE OF THE LAVU PRODUCTS IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF INFORMATION THAT RESULTS FROM SUCH DOWNLOADS. IF PERMITTED IN OUR AGREEMENTS WITH THIRD-PARTY SUPPLIERS, WILL FLOW DOWN TO YOU ANY WARRANTIES APPLICABLE TO THE LAVU PRODUCTS PROVIDED BY SUCH THIRD-PARTY SUPPLIERS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LAVU PRODUCTS ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH OR IN CONNECTION WITH THE LAVU PRODUCTS (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY APPS, PRODUCTS AND SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY.

Processing and Calculation Errors

You agree that we are not responsible for any monetary losses or damage that you may suffer while using the Lavu Products. It is your responsibility to verify that calculations made by the Lavu Products are correct and, if applicable, include the appropriate taxes, gratuities, and other fees.

Limitation of Liability

To the maximum extent permitted by applicable law, Lavu, its affiliates, officers, directors, employees, agents, suppliers, Financing Partners, and licensors shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for lost profits, goodwill, use, data, or other intangible losses, arising from or related to this Agreement, the use or inability to use Lavu Products, or any third-party products or services integrated with Lavu Products, even if Lavu has been advised of the possibility of such damages. Lavu assumes no responsibility for: (i) unauthorized access to or use of its servers or personal information; (ii) interruptions or terminations of communication; (iii) bugs, viruses, or similar issues transmitted through Lavu Products; (iv) errors or omissions in content or data; or (v) User Content or third-party conduct.

Lavu’s total liability for any damages arising from or related to this Agreement, regardless of the cause or form of action, shall be limited to One Hundred U.S. Dollars (U.S. $100.00), regardless of fees paid. Multiple claims shall not enlarge this limit. If you are financing through a Financing Partner, Lavu’s liability shall not exceed U.S. $100.00. Your sole remedy for dissatisfaction with Lavu Products or this Agreement is to cease using the Lavu Products, without entitlement to refunds or relief from payment obligations.
Some jurisdictions do not allow the exclusion of certain damages, so the above limitations may not apply fully. In such cases, Lavu’s liability is limited to the fullest extent permitted by law. These limitations are fundamental to the agreement between Lavu and you.

ACCESS TO, AND USE OF, THE LAVU PRODUCTS AND ANY WEBSITE OWNED OR OPERATED BY US IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE FEES PAID BY YOU TO US IN THE PRECEDING TWELVE (12) MONTHS OR (II) FIFTY U.S. DOLLARS (U.S. $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IF YOU ARE NOT PAYING US DIRECTLY FOR A LAVU PRODUCT BECAUSE YOU ARE FINANCING THROUGH OUR FINANCING PARTNER AS DESCRIBED IN THESE TERMS OF SERVICE OR OUR ORDER WITH YOU, THEN CLAUSE (A) ABOVE WILL BE THE AMOUNT YOU WOULD HAVE PAID US HAD YOU NOT FINANCED THROUGH OUR FINANCING PARTNER AND PAID US DIRECTLY. YOU AGREE THAT NEITHER WE OR OUR SUPPLIERS, FINANCING PARTNERS, NOR OUR LICENSORS WILL HAVE ANY LIABILITY OF ANY KIND (WHETHER DIRECT OR INDIRECT) ARISING FROM OR RELATING TO THIS AGREEMENT.

IF YOU BECOME DISSATISFIED IN ANY WAY WITH ANY ORDERED LAVU PRODUCT OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF SUCH LAVU PRODUCTS. HOWEVER, THIS WILL NOT LIMIT YOUR OBLIGATION TO PAY AMOUNTS DUE OR PREVIOUSLY FINANCED OR ENTITLE YOU TO ANY REFUND.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAVU/SOURCERY AND YOU AND IN SUCH JURISDICTIONS, THE LIABILITY OF LAVU IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

No Warranties or Liability for Beta-Testing of New Lavu/Sourcery Offerings

From time to time, we may request, and you may agree (at your sole discretion) to beta-test new Lavu Products that we intend to release (each, a “New Offering”). During the period when you are beta-testing a New Offering, you agree to: (i) Utilize the New Offering in the same manner in which you have used previous Lavu Products from us; (ii) Promptly notify us of any operational or other issues arising out of or related to your usage of the New Offering; and (iii) Make members of your staff reasonably available to assist us in trouble-shooting any operational, reporting, processing or other issues with a New Offering. You acknowledge and agree that we shall not be liable to you, your customers or other third-parties for consequential, exemplary, incidental, direct or indirect damages (including legal fees and expenses or cost of replacement) or loss of profits, data, goodwill or opportunities in connection with your beta-testing of a New Offering.

You further acknowledge and agree that there are no warranties (express, implied or statutory), including, without limitation, all warranties of merchantability, fitness for a particular purpose and any warranties arising from course of performance and that we do not warrant that any New Offering will be error-free, uninterrupted, virus-free or secure.

By agreeing to beta-test a New Offering, you fully and forever release and discharge us, all predecessors and successors, subsidiaries, affiliates, assigns, officers, directors, trustees, executives, agents and attorneys (past and present) from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising out of or related to your beta-testing of such New Offering.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction and without your consent. Any assignment or transfer in violation of the foregoing will be null and void.

Disputes & Arbitration

All disputes arising out of or related to this Agreement or Lavu Products (excluding claims for injunctive or equitable relief sought by Lavu) shall be resolved exclusively through binding arbitration on an individual basis, as set forth below. This section applies to you, Lavu, and our subsidiaries, affiliates, agents, employees, predecessors, successors, assigns, and all authorized or unauthorized users or beneficiaries of Lavu Products or your User Account.

Informal Resolution: You agree to first contact Lavu’s support department to attempt to resolve any dispute. If the dispute is not resolved within sixty (60) days, either party may initiate arbitration.

Arbitration Process: Arbitration shall be initiated through the American Arbitration Association (AAA) and conducted under its then-current Commercial Arbitration Rules, as modified by this Agreement. The arbitration shall be conducted by a single, neutral arbitrator in Bernalillo County, New Mexico, unless the parties jointly agree otherwise. For claims seeking less than Ten Thousand U.S. Dollars (U.S. $10,000.00), arbitration may be non-appearance-based at the option of the party seeking relief. For claims of U.S. $10,000.00 or more, the right to a hearing is governed by AAA rules. Non-U.S. residents shall receive reasonable notice of hearing details.

Exclusive Forum: The parties agree that arbitration shall be the sole and exclusive forum for resolving any disputes covered by this Agreement, and each party waives any right to initiate or maintain any judicial proceeding in any court.

Enforcement of Arbitration Agreement: If any party initiates a lawsuit or other judicial proceeding in violation of this arbitration clause, the other party may seek to enforce this clause by filing a motion to compel arbitration in a court of competent jurisdiction. The party initiating such a lawsuit agrees to dismiss the judicial proceeding within ten (10) days of written notice from the other party, and failure to do so constitutes a material breach of this Agreement.

Attorneys’ Fees and Costs:

The prevailing party in any arbitration proceeding under this Agreement shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses, including but not limited to expert witness fees, arbitration fees, and administrative costs, to the extent permitted by applicable law and AAA rules.
If a party breaches this arbitration clause by initiating a lawsuit or other judicial proceeding in violation of this Agreement, the non-breaching party shall be entitled to recover all reasonable attorneys’ fees, costs, and expenses incurred to enforce this arbitration clause, including but not limited to fees and costs associated with filing a motion to compel arbitration, seeking dismissal of the judicial proceeding, or defending against the improper lawsuit.
For purposes of this provision, the “prevailing party” shall be determined by the arbitrator or, if applicable, by the court in connection with enforcing this arbitration clause.

Bad Faith Conduct: If the arbitrator or court determines that a party acted in bad faith by initiating a judicial proceeding in violation of this arbitration clause or by refusing to comply with an order to arbitrate, the arbitrator or court may award additional attorneys’ fees and costs to the non-breaching party as a sanction, to the extent permitted by law.

Arbitrator’s Authority: The arbitrator may award only actual damages required by statute or this Agreement, on an individual basis, and may issue injunctive or declaratory relief only pursuant to applicable consumer protection statutes. The arbitrator may not award punitive, consequential, or class-wide relief, or consolidate claims. Arbitration proceedings are confidential, and neither party nor the arbitrator may disclose the existence, content, or results, except as required by law or for enforcement/appeal purposes.

Court Jurisdiction: Any judgment on the arbitrator’s award may be entered in a court of competent jurisdiction. Lavu may seek injunctive or equitable relief to protect its confidential information or intellectual property in any court. In any litigation to vacate or enforce an arbitration award, the parties waive jury trials and agree to resolution by a judge in the courts of Bernalillo County, New Mexico, submitting to personal jurisdiction and waiving forum non conveniens objections.

Severability: If any portion of this section is deemed invalid, the remainder remains enforceable.

ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS SECTION. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND LAVU IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND LAVU/SOURCERY WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE. IN ANY CIRCUMSTANCES WHERE THIS AGREEMENT PERMITS THE PARTIES TO LITIGATE IN COURT, THE PARTIES HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN BERNALILLO COUNTY, NEW MEXICO, FOR SUCH PURPOSE AND WAIVE ANY ARGUMENTS FOR FORUM NON CONVIENS.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, consistent with the Federal Arbitration Act, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Time to Initiate a Dispute

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LAVU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE LAVU PRODUCTS OFFERINGS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Right to Amend

We reserve the right to alter or add to the terms of this Agreement at any time, and to delete, discontinue, change, or impose conditions at our sole discretion on any feature or function of any Lavu Product with or without notice that we determine to be reasonable in the circumstances, including such notice on any of our websites owned, operated or maintained by us for the purposes of providing information about a Lavu Product in terms of this Agreement. Any use of your ordered Lavu Product after our publication of any changes shall constitute your acceptance of this Agreement as modified.

Personal Guarantee

To induce and in consideration of Lavu Inc’s acceptance of this Agreement, the signer of any Lavu Agreement (herein referred to as “Guarantor”) unconditionally, personally, individually, jointly and severally guarantees performance of the Merchant’s obligations under this Agreement and payment of all sums due hereunder.

Third-Party Products and Services

Lavu Products, or your User Account may be integrated with third-party products and services, including products and services sold, licensed or leased by us (“Third-Party Products and Services”). If you choose to use any of these Third-Party Products and Services, you agree that we may exchange information and control data regarding you and your products, including your personal information, in order to enable the inter-face you have authorized. Once this information is shared with the particular Third-Party Product and Service, its use will be governed by the third party’s privacy policy and not by our Privacy Policy. You acknowledge that Third-Party Products and Services that you connect to your User Account or interface with the Third-Party Products or Services are not Lavu Products and you acknowledge and agree that we do not control, and that this Agreement does not apply to, any Third-Party Products and Services. Use of any Third-Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third- Party Products and Services. You acknowledge and agree that we make no representation or warranty about the safety of any Third-Party Products or Services. Accordingly, we are not responsible for your use of any Third-Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third-Party Products or Services. You should contact the third party with any questions about their Third-Party Products and Services.

Lavu Products may contain links to third-party websites and applications and advertisements for third parties (collectively, “Third-party Websites, Applications & Ads”). When you click on a link to a third-party website, application or ad, we will not warn you that you have left our website or a Lavu Product and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-party Websites, Applications & Ads are not under our control and we are not responsible for any Third-party Websites, Applications & Ads.We provide these Third-party Websites, Applications & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-party Websites, Applications & Ads, or their products or services. You use all links in Third-party Websites, Applications & Ads at your own risk. When you leave Lavu Products, this Agreement no longer governs. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-party Websites, Applications and Ads, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

Miscellaneous

Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Consumer Complaints. In accordance with California Civil Code §1,789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to this Agreement or any Lavu Products, please contact us at: Lavu, Inc. 6614 Gulton Ct NE Suite B. Albuquerque, NM 87109 (505) 505-5900 or at the contact information noted on the website for the Lavu Product that you ordered. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Survival

All provisions of this Agreement which by their nature and/or terms should survive, shall survive termination of this Agreement, including without limitation, ownership provisions, warranty disclaimers, limitation of liability and the arbitration agreement.

Additional Terms of Service for Lavu Payroll Customers

Legal Responsibility

No information provided in connection with Lavu Payroll is intended to be legal or tax advice. You are responsible for consulting with a legal, tax or financial expert as needed.

No communications from Lavu or content on the Lavu dashboard related to Lavu Payroll are intended to suggest any payroll or tax-related decisions on your behalf or assumptions about your tax obligations.

In offering Lavu Payroll, Lavu is not acting as a fiduciary for you.

You will be held responsible by taxing authorities for the timely filing of employment tax returns, the accuracy of those returns, and the timely payment of employment taxes. In providing Lavu Payroll, Lavu does not assume or share this obligation.

You may be legally obligated to retain records on behalf of the company or your employees; Lavu does not assume this obligation. It is your responsibility to download and retain records as legally required.

It is your obligation to review and correct inaccuracies in all payroll-related documents and tax forms.

Data-Sharing and Usage

Data provided by you in connection with Lavu Payroll, including payroll, tax and bank account data, will be shared between Lavu and Lavu’s partner Check Technologies, Inc. (“Check”) and used in connection with the payroll product, subject to Lavu’s and Check’s respective privacy policies.

Before you can use Lavu Payroll, you will be subject to business diligence including legally required “Know Your Business” checks. Additional information may be requested; failure to provide it could result in the denial of access to Lavu Payroll.

Access Contingencies/Denial of Access

Lavu can deny or discontinue access at any time to Lavu Payroll based upon non-payment of fees, failure to provide sufficient payroll or tax funds, failure to use the payroll product for its intended use, failure to provide truthful and accurate information, or suspected fraud or credit risk.

If Lavu discontinues access to Lavu Payroll, tax returns may not be filed or produced on your behalf and payroll and tax payments may occur late or not at all; you accept all liability that may result.

Access to Lavu Payroll is contingent upon your prompt and accurate completion of all forms, consents and agreements as requested by Lavu or Check and completion of all other actions as directed by Lavu or Check.

Data Accuracy

You are responsible for providing complete and accurate information including but not limited to employee and payroll information, business information, contact information and bank account information. In the event of any changes that affect the content or accuracy of the information provided, or upon the discovery of inaccurate information, you must promptly notify Lavu and provide updated information. Lavu is not responsible for any consequences arising from inaccurate or incomplete information provided by you.

Where amended or corrected tax filings are necessary, Lavu does not guarantee the timeliness of those filings and you may be charged additional fees for their preparation.

Payment and Fees

Once you approve a payroll, you are responsible for funding the payroll. Failure to do so could result in one or more consequences, including termination of Lavu’s Lavu Payroll services, requirement that you handle filing tax returns and payment of payroll and tax funds, assessment of additional fees and collection efforts to recover the funds.

Certain fees may be passed through to you as a result of failure to provide accurate bank account information, insufficient funds, or incorrect or incomplete payroll data. You are responsible for paying these fees; failure to do so could result in a loss of access to the payroll product and/or Lavu’s Lavu Payroll services.

Upon notice from Lavu that a payroll or tax payment will not be completed for any reason, you will be responsible for making the payment through alternate means. Lavu is not responsible for late payments where notice is provided.

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