Terms of Service

Last Updated: 06/03/2019

The Lavu Terms of Service Agreement (“Agreement”) is a legal agreement between you (“you,” “your”) and Lavu, Inc. and its affiliate or subsidiary entities (collectively, “Lavu,” “we,” “our” or “us”) governing Lavu’s iOS applications (each, an “App” and collectively, the “Apps”), the website located at www.lavu.com (or such other website as Lavu may designate from time to time) and  services or products offered by or through Lavu and/or Lavu’s affiliate or subsidiary entities, including software and/or hardware related services or rights of use, (collectively, the “Services”) and hardware products, devices, or equipment (collectively, the “Products”) that Lavu may currently or in the future provide or offer. To receive or use the Apps, Products, Services or your Lavu Account (as defined below), 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 the Apps, Products, Services or your Lavu Account.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR THE APPS, PRODUCTS OR SERVICES OR BY ACCESSING, USING THE APPS, PRODUCTS, SERVICES OR YOUR LAVU ACCOUNT, OR BY DOWNLOADING ANY APP, 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 THE APP, PRODUCTS OR SERVICES 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 LAVU’S THEN-CURRENT FEES FOR SUCH SERVICES 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).

Any Way Customers Want to Pay

  • “iOS” means Apple’s “iOS” operating system used on the iPad, iPod, iPhone or any other Apple-branded products.
  • “Lavu Control Panel” means the control panel used to change settings and options for your Lavu Account.
  • “Lavu Account” means an account that is created that allows you to access the Apps, Services or Products provided by Lavu.
  • “Fees” means the fees paid for your continued use of the Apps, Services or Products based on the subscription you select at the time you create your Lavu Account.
  • “Software License” means the software license between you and Lavu to allow you to use the Apps, Products or Services.
  • “Credit Card Gateway” means a third-party service that a you may choose to sign up with that handles the processing of credit card transactions.
  • “Account Activity” means the payments made to the Lavu Account within the last 30 days; orders recorded by the Services in the last 30 days; and/or clock punches recorded by the Services in the last 30 days.
  • “Intellectual Property Rights” means all trademark, trade dress and service mark rights, patent rights, shop rights, mask work right, copyright rights, rights of publicity, goodwill, moral rights, trade secret rights and any and all other intellectual property rights as they may currently exist or exist in the future, and all applications thereof and registrations, renewals and extensions thereof, under the laws of any jurisdiction.
  • “Dispute” means a dispute or claim between arising out of or relating to the Apps, Products, Services or your Lavu Account or this Agreement and these Terms of Service.
  • “User Content” means any content uploaded or changed by you, including but not limited to, text, photos, and other information.
  • “User Data” means any data created or modified from your use of the Apps, Products or Services including but not limited to financial data, transaction data, order data, credit card signatures, and logs.
  • “Offline Credit Card Transactions” means encrypted credit card transaction information that is stored locally on an iOS device (or similar) when a r network connection is unavailable.

Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way be used to construe meaning, intent or affect the interpretation of this Agreement.

Lavu Accounts

To utilize the Services, you will need to create a Lavu 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 Lavu Account must be complete, accurate and up to date. You must also keep the business and personal information in your Lavu Account up to date during the term of the subscription (including any renewals). If you open a Lavu 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 Lavu 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 Lavu Account, revoke your Software License and delete all data associated with your Lavu Account without prior notice if there has been no Account Activity in your Lavu Account for a period of 180 days. You are responsible for all activities that occur under your Lavu Account. You agree to immediately notify Lavu of any unauthorized use, or suspected unauthorized use of your Lavu Account or any other breach of security or strange or unusual activity.

Software Services

The Services may include software applications and web-based software. You must install any and all software application and web-based software updates to continue using the Services. From time to time older hardware or computer programs may no longer be compatible with the latest software applications and web-based software updates. It is your responsibility to upgrade any hardware or computer programs as needed to continue using the Services.

Products

In General. All Products offered by Lavu 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 Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed. Products may be purchased or leased as indicated in your order.

Title. Title for Products purchased from Lavu passes to the purchaser at the time of delivery by Lavu to the freight carrier and you will be responsible for any Product loss or damage that occurs when the Product is in transit to you. Lavu or the applicable third-party financing/rental company approved by Lavu (“Financing Partner”) retain title to any Products you lease or rent from us or the applicable Financing Partner, however, you remain responsible for any Product loss or damages that occurs when the 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 contact us at rma@lavu.com to request a return of Products you purchased from Lavu at any time within thirty (30) days of the order date. If Lavu determines that you are eligible to return such Products, Lavu will provide a return materials authorization (RMA) to you via email. Lavu will refund you the amount you paid for the returned Products (less applicable handling charges) provided that Lavu receives such Products, including all Products items if the Products was purchased as part of bundle, freight prepaid by you in new or unused condition, in its original packaging, within ten (10) days of the date the RMA was emailed to you. Risk of loss or damage to the returned Products remains with you until received by Lavu. You will bear the cost of freight and insurance of any returned Product. Except as otherwise expressly stated in this Agreement, Lavu is under no obligation to refund any amounts you previously paid to Lavu for the Products.

Leased or Financed Products. The leased or financed 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 Products. You agree to execute any and all documents and filings to perfect the same. You agree not to permit any third party (other th