Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or an entity, "Customer," "you," or "your") and LMAP ("LMAP," "we," "us," or "our") governing your access to and use of the LMAP platform (the "Service" or "Platform"). By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

2. Description of Service

LMAP provides a cloud-based marketing automation platform designed for multi-location businesses, franchises, and enterprises ("Platform"). The Service enables:

• Centralized brand control and marketing asset management
• Distributed marketing execution across multiple locations
• Multi-channel campaign management (email, direct mail, social media, PPC, etc.)
• Marketing analytics and performance tracking
• Integration with third-party advertising platforms and services
• Automated marketing workflows and campaign deployment

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.

3. Definitions

For purposes of these Terms:

• "Account" means your authorized access credentials to the Service.
• "Customer Data" means any data, content, files, or information you upload, submit, or transmit through the Service.
• "Documentation" means our user guides, help content, and technical specifications.
• "Intellectual Property Rights" means all patent rights, copyright rights, trade secret rights, trademark rights, and all other proprietary rights worldwide.
• "Subscription" means your paid access to the Service for a specified subscription term.

4. User Accounts and Registration

4.1 Account Creation

To access certain features of the Platform, you must register for an account. During registration, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized access or security breach
• Accept full responsibility for all activities that occur under your account

4.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By creating an account, you represent and warrant that you meet these requirements.

4.3 Business Accounts

If you register on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms. The entity will be considered the Customer and will be responsible for all obligations under these Terms.

4.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at our sole discretion if:

• You violate these Terms or any applicable law
• Your account shows signs of fraudulent or unauthorized activity
• Your payment method fails or your account becomes delinquent
• We determine that your use of the Service poses a security or liability risk

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service solely for lawful business purposes in accordance with these Terms and all applicable laws and regulations.

5.2 Prohibited Activities

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any local, state, national, or international law
• Violate or infringe upon the Intellectual Property Rights of LMAP or any third party
• Transmit spam, unsolicited communications, or engage in prohibited marketing practices under CAN-SPAM, GDPR, CCPA, or other applicable laws
• Upload or distribute viruses, malware, trojans, or other malicious code
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service
• Use any robot, spider, scraper, or other automated means to access the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices
• Use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material
• Use the Service to store or transmit material in violation of third-party privacy rights
• Resell, sublicense, or otherwise monetize access to the Service without our prior written consent
• Use the Service to send marketing communications to individuals who have not opted in
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

5.3 Compliance with Marketing Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable marketing and advertising laws, including but not limited to:

• CAN-SPAM Act (United States)
• CASL (Canada's Anti-Spam Legislation)
• GDPR (General Data Protection Regulation - EU)
• CCPA/CPRA (California Consumer Privacy Act)
• TCPA (Telephone Consumer Protection Act)
• COPPA (Children's Online Privacy Protection Act)
• All applicable state and international marketing regulations

6. Subscription Plans and Payment Terms

6.1 Subscription Plans

Access to the Service requires a paid subscription. Subscription plans may vary based on features, usage limits, number of users, and other factors as described on our website.

6.2 Fees and Payment

By purchasing a subscription, you agree to:

• Pay all fees associated with your selected subscription plan
• Provide accurate and complete billing information
• Authorize us to charge your payment method on a recurring basis
• Pay all applicable taxes (sales tax, VAT, GST, etc.)

6.3 Billing Cycle

Subscription fees are billed in advance on a recurring basis (monthly, quarterly, or annually) as selected during checkout. Your subscription will automatically renew unless canceled prior to the renewal date.

6.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide you with at least thirty (30) days' advance notice of any price increases. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

6.5 Failed Payments

If your payment method fails or your account becomes past due, we may:

• Suspend or limit your access to the Service
• Attempt to charge alternative payment methods on file
• Terminate your subscription and delete your account after repeated payment failures

You remain responsible for all unpaid fees.

6.6 Refund Policy

All subscription fees are non-refundable except as expressly stated in these Terms or as required by applicable law. We do not provide refunds or credits for:

• Partial subscription periods
• Unused features or services
• Accounts terminated for violation of these Terms

6.7 Free Trials and Promotional Offers

We may offer free trials or promotional pricing from time to time. Free trials are subject to these Terms and any additional terms disclosed at signup. You may be required to provide payment information to access a free trial, and you authorize us to charge you if you do not cancel before the trial ends.

6.8 Overage Charges

If your usage exceeds the limits of your subscription plan (e.g., number of emails sent, contacts stored, users, etc.), we may charge additional fees as specified in our pricing documentation. You authorize us to charge your payment method for such overage fees.

7. Intellectual Property Rights

7.1 LMAP Intellectual Property

The Service and all content, features, and functionality (including but not limited to software, text, graphics, logos, icons, images, audio, video, data compilations, and the design, selection, and arrangement thereof) are owned by LMAP and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 License Grant to You

Subject to your compliance with these Terms, LMAP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the subscription term.

7.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract the source code of the Service
• Create derivative works based on the Service
• Use the Service to build a competitive product or service
• Frame or mirror any part of the Service without our prior written authorization

7.4 Trademarks

LMAP, the LMAP logo, and other LMAP trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of LMAP. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of these trademarks.

8. Customer Data and Privacy

8.1 Customer Data Ownership

You retain all ownership rights to your Customer Data. We do not claim any ownership or control over your Customer Data.

8.2 License to Customer Data

By uploading Customer Data to the Service, you grant LMAP a worldwide, non-exclusive, royalty-free license to use, store, process, reproduce, modify, and display your Customer Data solely to:

• Provide, maintain, and improve the Service
• Comply with applicable laws and legal obligations
• Enforce these Terms
• Create aggregated, anonymized data for analytics and service improvement

8.3 Customer Data Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of your Customer Data
• The means by which you acquired your Customer Data
• Ensuring you have all necessary rights, consents, and permissions to use and share Customer Data through the Service
• Compliance with all applicable data protection and privacy laws (GDPR, CCPA, etc.)
• Obtaining appropriate consents from individuals before adding them to marketing lists

8.4 Data Backup and Loss

While we implement commercially reasonable backup procedures, you are responsible for maintaining your own backup copies of your Customer Data. We are not liable for any loss, alteration, or destruction of Customer Data.

8.5 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.6 Data Retention and Deletion

Upon termination of your account, we will delete your Customer Data within ninety (90) days, except as required to comply with legal obligations, resolve disputes, or enforce our agreements. You may request deletion of your data earlier by contacting us at legal@lmap.com.

9. Third-Party Integrations and Services

9.1 Third-Party Platforms

The Service may integrate with third-party platforms and services such as Google Ads, Facebook Ads, email service providers, CRM systems, and others ("Third-Party Services"). Your use of Third-Party Services is subject to their respective terms of service and privacy policies.

9.2 No Endorsement

We do not endorse, warrant, or assume responsibility for any Third-Party Services. Any dealings you have with Third-Party Services are solely between you and the third party.

9.3 Third-Party Links

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services available from these third parties.

9.4 API and Data Sharing

When you connect Third-Party Services to your account, you authorize us to access, retrieve, and share data between the Service and such Third-Party Services as necessary to provide the functionality. We are not responsible for how Third-Party Services use or protect your data.

10. Service Level and Availability

10.1 Uptime Commitment

While we strive to provide continuous service availability and aim for 99.5% uptime, we do not guarantee that the Service will be available at all times or operate without interruption or errors.

10.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts or limits access to the Service. We will attempt to provide advance notice of scheduled maintenance when possible.

10.3 Emergency Maintenance

We reserve the right to suspend or restrict access to the Service without notice for emergency maintenance, security patches, or to address service disruptions.

10.4 No Liability for Downtime

We are not liable for any loss, damage, or inconvenience caused by service interruptions, maintenance, or unavailability.

11. Warranties and Disclaimers

11.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• ACCURACY OR RELIABILITY

11.2 No Guarantee of Results

WE DO NOT WARRANT THAT:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate, complete, or reliable
• Any errors in the Service will be corrected
• The Service will achieve any particular marketing or business results

11.3 Customer Warranties

You represent and warrant that:

• You have the authority to enter into these Terms
• Your use of the Service complies with all applicable laws
• Your Customer Data does not infringe upon the rights of any third party
• You have obtained all necessary consents and permissions for data you upload to the Service

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LMAP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• DAMAGES RESULTING FROM ANY CONTENT OBTAINED FROM THE SERVICE

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LMAP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LMAP'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO LMAP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
• ONE HUNDRED DOLLARS ($100.00)

12.3 Basis of the Bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND LMAP. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

12.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless LMAP, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your Customer Data or the combination of your Customer Data with other content
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your marketing activities conducted through the Service
• Any dispute between you and any third party

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14. Term and Termination

14.1 Term

These Terms commence on the date you first access the Service and continue until terminated in accordance with this Section.

14.2 Termination by You

You may terminate your account and these Terms at any time by:

• Canceling your subscription through your account settings, or
• Sending written notice to legal@lmap.com

Termination will be effective at the end of your then-current billing cycle. You will not receive a refund for any unused portion of your subscription.

14.3 Termination by LMAP

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Prolonged inactivity
• Discontinuation of the Service

14.4 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• You will no longer have access to your account or Customer Data
• We may delete your account and Customer Data in accordance with our data retention policies
• You remain liable for all fees and charges incurred prior to termination
• Sections that by their nature should survive termination will survive (including Sections 7, 8, 11, 12, 13, 16, and 17)

14.5 Data Export

Prior to termination, you may export your Customer Data using the tools provided in the Service. We recommend exporting your data regularly. After termination, we are under no obligation to maintain or provide you with copies of your Customer Data.

15. Modification of Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date at the top of these Terms
• Sending email notice to your account email address (for material changes)

15.2 Acceptance of Modified Terms

Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

15.3 Material Changes

For material changes that substantially affect your rights, we will provide at least thirty (30) days' advance notice. Material changes may include changes to pricing, payment terms, limitation of liability, or dispute resolution procedures.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@lmap.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within sixty (60) days of receiving notice.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

16.3 Arbitration Procedures

• The arbitration will be conducted by a single arbitrator
• The arbitration will take place in the state where you reside or another mutually agreed location
• The arbitrator's decision will be final and binding
• Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction

16.4 Class Action Waiver

YOU AND LMAP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.5 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights without first engaging in arbitration or the informal dispute resolution process.

17. General Provisions

17.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms (except arbitration) will be brought exclusively in the federal or state courts located in Los Angeles County, California.

17.2 Export Compliance

You may not use, export, or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country.

17.3 Force Majeure

LMAP will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms and our rights and obligations without restriction. Any attempted assignment in violation of this section is void.

17.5 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and LMAP regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

17.6 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17.7 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of LMAP.

17.8 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and LMAP.

17.9 Notices

All notices to LMAP under these Terms must be sent to legal@lmap.com. We may provide notices to you via email to your account email address or by posting to the Service. You consent to receive notices electronically, and electronic notices will satisfy any legal communication requirements.

17.10 Feedback

If you provide us with any feedback, suggestions, or recommendations regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use, reproduce, modify, and commercialize the Feedback in any way and for any purpose.

17.11 Relationship of Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

17.12 Language

These Terms are written in English. Any translated version is provided for convenience only. In the event of any conflict between the English version and any translation, the English version will control.

18. DMCA Copyright Policy

18.1 Copyright Complaints

We respect the intellectual property rights of others. If you believe that material available through the Service infringes your copyright, you may notify us by providing the following information in writing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and its location on the Service
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act

Send DMCA notices to: legal@lmap.com

18.2 Counter-Notice

If you believe that content you uploaded was wrongfully removed due to a DMCA notice, you may submit a counter-notice containing the required information under the DMCA.

18.3 Repeat Infringers

We will terminate the accounts of users who are repeat copyright infringers.

19. Security

19.1 Security Measures

We implement commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of your Customer Data. However, no method of transmission over the Internet or method of electronic storage is 100% secure.

19.2 Security Incidents

In the event of a security breach that compromises your Customer Data, we will notify you in accordance with applicable law.

19.3 Your Security Responsibilities

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Restricting access to your account
• Ensuring that users with access to your account comply with these Terms
• Promptly notifying us of any security breach

20. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

LMAP
Email: legal@lmap.com
Website: https://lmap.com
Phone: (310) 362-1083

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.