Terms of Service

Lolipopp ("we," "us") is a Texas sole proprietorship operating under that trade name. We design and build websites and custom business software. If Lolipopp converts to a limited liability company or other successor entity, these Terms continue with that successor automatically, and we will update this page.

These Terms of Service ("Terms") are an agreement between you and Lolipopp. They govern:

• your use of the lolipopp.com website,
• your client portal account, if you have one, and
• Care Plan subscriptions (Section 6).

By using this site, creating an account, or purchasing a Care Plan, you agree to these Terms. Section 14 requires disputes to be settled by individual arbitration, not in court or in a class action, except as it allows, and lets you opt out within 30 days. Texas law recognizes agreements made electronically, and you consent to doing business with us electronically: online acceptance, e-signatures, and email notices all count as "in writing."

If you sign a project agreement with us, that signed document wins. Every build project is governed by a signed Service Agreement and Statement of Work ("SOW"). Where a signed agreement and these Terms cover the same subject, the signed agreement controls for that project. These Terms fill in everything the signed agreement does not cover, and they are the full terms for the website, the portal, and Care Plans.

We build custom branded software: for B2B2C (Business-to-Business-to-Consumer) Software, Multi-Sided Platform (MSP), Unified Digital Experience Platform (DXP), Unified Business Orchestration, Digital Operating Model (DOM), End-to-End Operational Velocity, Single-Tenant Architecture, Client Self-Service Portal, Embedded Finance / Embedded Payments, Subscription & Recurring Revenue Management, Resource Scheduling & Optimization, Internal Tools / Back-Office Platform, Business Process Automation (BPA), Hyperautomation, Customer Data Platform (CDP), Single Customer View / Customer 360, Omnichannel Experience, Customer Journey Orchestration, Loyalty & Rewards Platform, Conversational Interface (AI Chat), Retrieval-Augmented Generation (RAG), Embedded Analytics / BI Dashboards, Revenue Operations (RevOps), Field Service Management (FSM), Event-Driven Architecture, White-Label Platform, Contract Lifecycle Management (CLM), Accounts Payable (AP) Automation, Fleet Management & Telematics, Franchise Management Platform, Local-First / Offline-First Sync, Real-Time Collaboration (Multiplayer), Feature Flags / Progressive Delivery, and Edge Functions and Progressive Web App (PWA), Help Desk / Ticketing System, Secure In-App Messaging, Credential Vault (Secrets Management), Multi-Channel Notifications, Project Milestone Tracking, Audit Trail, Automated Payment Reconciliation, Multi-Factor Authentication (MFA / OTP), Bot Protection & Rate Limiting, Background Jobs (Scheduled Tasks), Team & Permission Management, Design System & Theming, Interactive Product Demo, Automated Quality Gates (CI), Multi-Tenant SaaS, Dunning Management, E-Signature Workflows, and Customer Onboarding Flows and Operational Digital Twin. Every project starts with a free Discovery Call and a fixed, written quote before any work begins. We never add scope or cost quietly. Changes are agreed in writing first, through a signed Change Order.

Nothing we provide is legal, tax, or accounting advice. We are not a law firm (Section 9).

The binding payment terms for a project live in your signed Service Agreement and SOW. In summary, and consistent with those documents:

• The project fee is fixed in writing before work begins.
• Payment is made in four equal installments of 25%, one at each build phase (Discovery & Design, Build & Test, Trial Payments & Proof, Live & Supported), tracked on your live project dashboard.
• The first 25% is due when you countersign the SOW, before work begins, and payments are non-refundable once work has begun, except as your signed agreement provides (for example its termination terms).
• Each later installment is requested in your dashboard when its phase is reached, and you approve it there before it is charged. You can decline a request there, and you tell us why in writing, for example that the phase has not been reached. A request you leave unanswered, or decline without a reason, for ten (10) days may be sent to you as an invoice.
• If a project ends early, the signed agreement's termination and kill-fee terms apply.
• Payment-processing fees and third-party costs (hosting, domains, Stripe fees, email or SMS delivery) pass through at cost; they are billed by the third party and never marked up.
• If you think a charge is wrong, tell us first (Section 17) and we will look into it within ten (10) business days. If a payment is reversed through your bank instead, we may pause the related work or Care Plan until it is resolved.

Payments are processed by Stripe. We never see or store your full card number. If you save a card for later payments, Stripe stores it, and you can remove it from your dashboard at any time.

If we open a portal account for you:

• Keep your login credentials secure, and tell us promptly if you suspect unauthorized access. You are responsible for activity under your account until you do.
• Give us accurate account information and keep it current.
• We may suspend an account that is being used to break these Terms, attack the service, or interfere with other clients, and we will tell you if we do.

Text-message updates (optional). If you opt in to text-message updates, we send occasional project and billing notifications by SMS. Message frequency varies with your project's activity. Message and data rates may apply. Consent to texts is never a condition of hiring us. Reply STOP to any message to stop, or HELP for help; you can also turn SMS off in your notification preferences or by emailing info@lolipopp.com or calling 972-922-6538.

Consistent with our standard Service Agreement:

• You own your delivered system. When a project is paid in full, the custom work we built for you is assigned to you. Your Stripe account, your domain, any app-store developer accounts (Apple, Google), and your data are in your name from day one. You are never locked in, and you can take your system to another developer.
• We keep our tools. Reusable code, components, boilerplate, and know-how that we bring to a project ("Pre-Existing IP") stay ours. You get a permanent license to use them as part of your delivered system, and the license goes with the system if you sell it; you just cannot resell or extract them as a standalone product.
• Third-party materials (open-source libraries, fonts, plugins) belong to their own authors under their own licenses.
• This website is ours. The content, design, code, and brand of lolipopp.com belong to Lolipopp. Don't copy, scrape, or reuse them without our written permission.
• We do not showcase your project without your permission. We will only reference your name, brand, or project publicly with your prior written consent.

A Care Plan is a monthly support subscription for a system we built, priced per client and agreed in writing before you subscribe.

• Billing. Care Plans bill monthly, in advance, through Stripe, and renew automatically each month until cancelled.
• Renewal reminder. We email you a reminder at least 7 days before each renewal date, so a renewal never surprises you.
• What's included. Each plan includes a set number of support hours per month. Work beyond the included hours is billed at your plan's agreed overage rate, and only with your approval first. We never do surprise overage work.
• Cancelling. You can cancel at any time from your client dashboard or by emailing info@lolipopp.com or calling 972-922-6538. Cancellation takes effect at the end of the current billing period; you keep the service through the period you paid for, and we do not bill again. We do not prorate or refund a partial month.
• Reactivating. You can restart a cancelled Care Plan from your dashboard or by contacting us.
• Price changes. Your price never changes silently. If your monthly price changes, we notify you first, and the new price applies from the next billing cycle. If you disagree, cancel before the next renewal and the new price never bills.
• Failed payments. If a renewal payment fails, Stripe retries it. While payment is failing, the plan may pause until payment is brought current.
• We can end a plan too. We may discontinue a Care Plan on at least thirty (30) days' written notice, effective at the end of a paid billing period. You are never billed past the effective date.

Don't use this website or the client portal to:

• break the law or infringe anyone's rights,
• attempt to gain unauthorized access to the service, other clients' data, or our systems,
• probe, overload, disrupt, or interfere with the service,
• submit forms with false identity information or automated spam, or
• upload malicious code.

We may block, rate-limit, or suspend access that violates this section.

Our service is built on trusted providers. Our Privacy Policy (Section 3) names each one and what it processes: today Stripe (payments), Supabase (database and sign-in), Vercel (hosting and analytics), Resend (email), Cloudflare (bot protection), Twilio (text messages, only if you opt in) and Google (the Gmail inbox Lolipopp uses). Their services are governed by their own terms, and we are not responsible for outages or changes on their side, though we will always work to keep your system running through them.

If we build a system for your business, you are responsible for your own legal compliance: your privacy policy, your terms, cookie consent, marketing rules (CAN-SPAM, TCPA), accessibility requirements, and any regulation specific to your industry. We implement technical configuration you request in a signed SOW or Change Order, but Lolipopp is not a law firm, does not practice law, and nothing we provide is legal advice. Bring your own counsel for compliance questions.

For build projects, our signed Service Agreement gives you an express warranty: we perform services in a professional, workmanlike manner, and for thirty (30) days after final acceptance of the whole project we fix, free, any defect that keeps a deliverable from meeting the acceptance criteria we agreed, provided the defect was not caused by your own changes, third-party integrations, hosting or environment changes, or content added after acceptance.

EXCEPT FOR THAT EXPRESS WARRANTY, THIS WEBSITE, THE CLIENT PORTAL, CARE PLANS, AND ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOLIPOPP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR INDEMNIFICATION OBLIGATIONS, BREACH OF THE CONFIDENTIALITY TERMS OF A SIGNED SERVICE AGREEMENT, AND A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT:

(A) FOR A BUILD PROJECT, EACH PARTY'S TOTAL LIABILITY WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CLIENT UNDER THE APPLICABLE SOW;

(B) FOR A CARE PLAN OR OTHER RECURRING SUBSCRIPTION, EACH PARTY'S TOTAL LIABILITY WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID FOR THAT SUBSCRIPTION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM;

(C) FOR USE OF THE WEBSITE ITSELF BY SOMEONE WHO HAS PAID US NOTHING, OUR TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100); AND

(D) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITS APPLY TO CLAIMS OF EVERY KIND, WHETHER IN CONTRACT, TORT (INCLUDING CLAIMS BASED ON A PARTY'S OWN ORDINARY NEGLIGENCE), OR OTHERWISE.

Some jurisdictions do not allow certain limitations; in those cases these limits apply to the fullest extent the law allows. Nothing in these Terms waives rights that cannot be waived by law.

If you use a system we delivered in a way that breaks the law, or content you supply causes a third-party claim, you agree to defend and hold us harmless from that claim, including our reasonable attorneys' fees and costs. Our matching obligation to you for IP infringement in delivered work is in the signed Service Agreement. If you have no signed agreement with us, this section applies to your use of this website and the portal.

You can stop using the site at any time, and can ask us to close your portal account (project and billing records are retained as described in the Privacy Policy). We may end or suspend portal access for a material breach of these Terms that you do not fix after we notify you. Sections that by their nature should survive (ownership, warranty disclaimer, liability limits, indemnification, amounts owed, governing law) survive.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the arbitration terms in this section.

Talk first. Before either party starts an arbitration or a lawsuit, we each agree to try in good faith to resolve the dispute informally by written notice and discussion for thirty (30) days.

Then arbitration, not court. ANY DISPUTE ARISING OUT OF THESE TERMS OR YOUR USE OF THE WEBSITE, PORTAL, OR CARE PLANS THAT IS NOT RESOLVED THAT WAY WILL BE DECIDED BY BINDING ARBITRATION BEFORE ONE ARBITRATOR, administered by the American Arbitration Association under its Consumer Arbitration Rules if you use our services for personal purposes, and under its Commercial Arbitration Rules otherwise. The arbitration takes place in Denton County, Texas, or by video. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may instead bring an individual claim in small claims court, and either party may ask a court for urgent relief to protect its intellectual property or confidential information, or to stop a limitation period from running out. Those court matters will be brought in the state or federal courts located in or serving Denton County, Texas, and both parties consent to that jurisdiction and venue.

No class actions. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. If this class-action waiver is found unenforceable for a claim, that claim goes to court, not to a class arbitration.

Opting out. You may opt out of arbitration by emailing info@lolipopp.com within thirty (30) days after you first accept these Terms. Opting out changes nothing else in these Terms.

Time limit. Any claim arising out of these Terms must be brought within two (2) years after it accrues, or it is barred; this does not apply to a claim for unpaid fees, or to any claim for which the law does not allow a shorter period.

We may update these Terms as the service evolves. When we do, we update the "Last updated" date at the top, and for material changes affecting active clients or Care Plan subscribers, we notify you by email or through your dashboard before the change applies to you. Continued use after the effective date means you accept the updated Terms.

• Entire agreement. These Terms, plus our Privacy Policy, are the full agreement for the website, portal, and Care Plans. For build projects, the signed Service Agreement and SOW are the full agreement, and they control over these Terms.
• Severability. If any part of these Terms is unenforceable, the rest stands, and the unenforceable part is reformed to the minimum extent needed.
• No waiver. Not enforcing a term once is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor entity that continues Lolipopp's business (for example the LLC noted in Section 1) or to a buyer of all or substantially all of it, and we will notify you.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including outages of third-party services, provided the affected party tells the other promptly and resumes performance as soon as reasonably possible. This does not excuse paying amounts already due.

Questions about these Terms? Email info@lolipopp.com or call 972-922-6538.