LowerDec LLC - Terms of Service

Effective Date: April 13, 2025

Welcome to LowerDec! These Terms of Service ("Terms") govern your access to and use of our services. Please read them carefully.

1. Definitions

"LowerDec", "we", "our", "us": Refers to LowerDec LLC, the provider of the Services.
"Services": Means all websites, software, applications (web, desktop, mobile), content, and products created, offered, or maintained by LowerDec LLC.
"You", "your": Refers to the individual or organization that registers for or uses our Services, including any users granted access under your account.
"Content": Means any data, text, information, graphics, profiles, audio, video clips, links, or other materials uploaded, shared, or processed through the Services by you or your users.

2. Acceptance of Terms

By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

3. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace any part of these Terms. We will indicate changes by updating the "Effective Date" at the top of this document. Significant changes may also be communicated through the Services or via email to the registered account owner. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

4. Account Terms

Eligibility: You must be a human. Accounts registered by automated methods ("bots") are not permitted. If you are an individual, you must be of legal age to form a binding contract in your jurisdiction.
Security: You are responsible for maintaining the security of your account login credentials (like passwords). You are also responsible for ensuring any users under your account maintain their security. LowerDec cannot and will not be liable for any loss or damage arising from your failure, or the failure of your users, to comply with this security obligation. We strongly recommend enabling any available multi-factor authentication features.
Responsibility: You are responsible for all Content posted and all activity that occurs under your account, even when Content is posted by or activity is conducted by others (like employees or team members) who have access under your account.
Acceptable Use: You agree not to use the Services for any illegal or unauthorized purpose. Your use must not violate any laws in your jurisdiction (including but not limited to copyright or privacy laws).

5. Payment, Billing, Refunds

Paid Services: Some Services may require payment. Fees will be billed in advance on a recurring basis (e.g., monthly or annually) as specified during signup or upgrade.
Trials: If a free trial is offered, payment information may be required to initiate the trial. You will be automatically charged the applicable subscription fee at the end of the trial period unless you cancel before the trial ends.
Billing Changes: For any upgrade or downgrade in plan level, the new rate will commence from the next billing cycle, unless specified otherwise (e.g., immediate charge for an upgrade from a free plan).
Taxes: All fees are exclusive of applicable federal, state, local, or other governmental taxes, levies, or duties ("Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder. Where legally required, LowerDec will collect Taxes and remit them to the appropriate authorities.
Refunds: Our refund policy is simple: If you're not happy with our product, contact us and we'll take care of you.
Non-Payment: Failure to make timely payments may result in the suspension or termination of your access to paid Services. We may attempt to notify you before suspension, but are not obligated to. Accounts remaining in a suspended state due to non-payment may be queued for cancellation and data deletion after a reasonable period.

6. Cancellation and Termination

Your Cancellation: You are solely responsible for properly canceling your account. An email or phone request is not considered cancellation. The primary method for cancellation is typically through the account settings interface within the Services. You can contact us for assistance if needed.
Effect of Cancellation: Upon cancellation, your access to the Services will cease. Your Content may become immediately inaccessible. We will retain and then permanently delete your Content according to our data retention schedules (e.g., deletion from active systems within 30 days, from backups within 60 days). This information cannot be recovered once deleted. We recommend exporting your data before cancellation if needed.
LowerDec's Right to Terminate: We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason, at any time. Common reasons include violation of these Terms.
- Suspension typically means temporary loss of access for you and your users.
- Termination typically means permanent loss of access and the deletion of your account and associated Content.
Abuse: Verbal, physical, written, or other abuse (including threats) of any LowerDec customer, employee, member, or officer may result in immediate account termination.

7. Modifications to the Service and Prices

Service Changes: We constantly evolve our Services. We reserve the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice (though we strive to provide notice for significant changes).
Price Changes: We reserve the right to change the prices for our Services. If we change prices for existing customers, we will provide at least 30 days' notice (e.g., via email or notification within the Service). Price changes will typically take effect at the start of the next billing cycle.

8. Uptime, Security, and Privacy

"As Is" Service: Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We strive for high availability but do not guarantee uninterrupted service.
Usage Limits: We reserve the right to implement usage limits or temporarily disable accounts if usage patterns significantly exceed average use or negatively impact Service performance for others. We will generally attempt to contact the account owner before taking such action.
Security Measures: We implement reasonable technical and organizational measures designed to secure your Content from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures.
Privacy: Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy. You agree that LowerDec may process your data as described therein.
Data Access: LowerDec personnel access your Content only for limited, specific reasons: (a) with your express permission to assist with support requests; (b) to troubleshoot errors or issues impacting service integrity (minimizing exposure to Content); (c) to investigate potential violations of these Terms or abuse; (d) as required by law or valid legal process.
Third Parties: We utilize third-party vendors and hosting partners for necessary hardware, software, networking, storage, and related technology. Our Privacy Policy identifies key subprocessors.

9. Content Ownership and Copyright

Your Content: You retain ownership of all intellectual property rights in your Content. We do not claim ownership over your Content.
Our License to Your Content: By submitting Content to the Services, you grant LowerDec a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Content solely for the purpose of providing, maintaining, and improving the Services.
LowerDec IP: The look and feel of the Services, including all software, visual design elements, and branding, are copyright © LowerDec LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from LowerDec. You must request permission to use LowerDec's logos for promotional purposes.
Copyright Compliance: You agree not to post Content that infringes on any copyright or intellectual property rights. We will respond to notices of alleged copyright infringement that comply with applicable law.

10. Disclaimers and Limitations

No Guarantees: We do not warrant that the Services will meet your specific requirements, be uninterrupted, timely, secure, or error-free.
Bugs: While we strive for quality, software inevitably has bugs. We prioritize fixing reported bugs, particularly those related to security and critical functionality, but do not guarantee that all reported bugs will be fixed or that the Services will be entirely error-free.

11. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOWERDEC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LOWERDEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

YOUR USE OF THE SERVICE IS AN ACKNOWLEDGEMENT THAT YOU ACCEPT THIS ALLOCATION OF RISK.

12. General Conditions

Governing Law: These Terms shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
Entire Agreement: These Terms (along with any policies referenced and incorporated, like the Privacy Policy) constitute the entire agreement between you and LowerDec and govern your use of the Services, superseding any prior agreements.
Contact: Questions about the Terms of Service should be sent to hello@lowerdec.com.