Terms and Conditions

Last updated: 2/18/2025

1. Introduction

Welcome to Lilikoi. These Terms and Conditions ("Terms") govern your access to and use of Lilikoi's website, services, and platform (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

2. Definitions

• "Lilikoi," "we," "us," and "our" refer to Lilikoi and its affiliates
• "You" and "your" refer to the individual or entity using our Services
• "Content" refers to any text, images, or other material you upload or create using our Services
• "Platform" refers to our website, applications, and related services
• "Workspace" refers to your organization's dedicated space within our Platform

3. Account Registration and Security

To use our Services, you must:

• Meet the following age requirements:
  • Be at least 16 years old in the European Economic Area (EEA)
  • Be at least 13 years old in the United States, with parental consent required for users under 18
  • Meet the minimum age requirements in your jurisdiction
• Register for an account with accurate information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account
• Have legal capacity to enter into these Terms

4. Service Usage and Restrictions

You agree to:

• Use our Services in compliance with all applicable laws
• Respect intellectual property rights
• Maintain appropriate security measures
• Not engage in any unauthorized access or use
• Not use our Services for any illegal or harmful purposes
• Not attempt to reverse engineer the Services
• Not use automated systems or bots without our express permission
• Not interfere with the proper working of the Services
• Not circumvent any rate-limiting or security mechanisms

4.1 API Usage

When using our APIs, you agree to:

• Follow our API documentation and guidelines
• Respect rate limits and usage quotas
• Use appropriate authentication methods
• Not share or transfer API credentials
• Implement proper error handling

4.2 Fair Usage

To ensure quality service for all users, we implement fair usage policies:

• Storage limits per workspace tier
• API call frequency restrictions
• Concurrent operation limits
• Bandwidth usage thresholds

4.3 Export Compliance

Our Services are subject to export control and economic sanctions laws. You agree to:

• Comply with all applicable export control regulations
• Not access or use Services from prohibited jurisdictions
• Not use Services for prohibited end-uses
• Not transfer software or technical data to restricted parties
• Obtain necessary licenses for regulated activities

5. Content and Intellectual Property

You retain ownership of your Content, and by submitting Content to our Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with operating and improving our Services. This license continues even if you stop using our Services, solely with respect to Content already submitted. You represent and warrant that you have all necessary rights to grant this license and that your Content:

• Does not infringe any third-party rights
• Complies with all applicable laws and regulations
• Adheres to our Content Guidelines

5.1 Our Intellectual Property

The Platform, including its original content, features, and functionality, is owned by Lilikoi and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 User Content Guidelines

When creating or uploading content, you must ensure it:

• Does not violate any intellectual property rights
• Does not contain malicious code or malware
• Does not include personal or sensitive information without proper authorization
• Does not promote hate speech or discriminatory content
• Does not contain sexually explicit or violent material
• Does not violate any applicable laws or regulations

We reserve the right to:

• Remove or disable access to any content that violates these guidelines
• Terminate accounts that repeatedly violate content policies
• Report illegal content to appropriate authorities
• Implement content filtering or moderation systems

6. Workspace Rules and Collaboration

When using Workspaces, you agree to:

• Follow role-based access controls
• Respect workspace member privacy
• Use collaboration features responsibly
• Maintain workspace security
• Not share access with unauthorized users

7. Payment Terms

For paid services:

• Payments are processed securely through Stripe
• Subscriptions auto-renew unless cancelled
• Refunds are subject to our refund policy
• Prices may change with notice
• You are responsible for applicable taxes
• Failed payments may result in service interruption
• Cancellations take effect at the end of the billing period
• No refunds for partial month usage
• Enterprise plans may have custom payment terms

7.1 Free Trial

Free trials are subject to the following conditions:

• Limited to one trial per organization
• Require valid payment method for verification
• Automatic conversion to paid plan unless cancelled
• Feature limitations may apply during trial

7.2 Stripe Connect and Payment Processing

Our platform uses Stripe Connect for payment processing. By using our payment services, you agree to:

• Comply with Stripe's Connected Account Agreement
• Provide accurate and complete business information for verification
• Maintain compliance with payment card industry (PCI) standards
• Accept responsibility for chargebacks and disputes
• Keep your Stripe Connect account in good standing
• Comply with all applicable financial services regulations
• Not process transactions for prohibited businesses or activities
• Maintain appropriate security measures to protect payment data

For Connected Accounts:

• You must maintain valid banking information for payouts
• Commission fees are automatically deducted from transactions
• Payouts are subject to Stripe's standard transfer schedule
• You are responsible for tax reporting on received payments
• Account verification may be required by applicable laws
• We reserve the right to hold funds or delay transfers for security or compliance reasons

Payment Disputes and Chargebacks:

• You are responsible for handling customer disputes
• Chargeback fees may be passed through to your account
• We may withhold payments during dispute resolution
• You must assist in dispute resolution by providing necessary documentation
• Excessive chargebacks may result in account suspension

8. Data Processing and Privacy

Our data processing practices are governed by our Privacy Policy and applicable data protection laws. By using our Services, you agree to our data processing practices as described in our Privacy Policy. We process your data on the following legal bases:

• Performance of our contract with you
• Our legitimate business interests
• Compliance with legal obligations
• Your consent, where required

For users in the European Economic Area (EEA), United Kingdom, or similar jurisdictions:

• We act as a data controller for account information
• We act as a data processor for Content you upload
• You are responsible for ensuring you have the right to share any personal data
• You have rights to access, correct, and delete your personal data

9. Service Availability and Support

We strive to maintain high availability but:

• Do not guarantee 100% uptime
• May perform maintenance with notice
• Provide support through designated channels
• Reserve the right to modify or discontinue features
• Support response times vary by subscription tier
• May limit or suspend services during DoS attacks or emergencies
• Scheduled maintenance windows are typically during off-peak hours

9.1 Service Level Agreement (SLA)

Enterprise customers with SLAs have additional terms:

• Guaranteed uptime percentages per tier
• Defined incident response times
• Credit compensation for service disruptions
• Priority support channels
• Custom backup and recovery options

10. Termination

We may terminate or suspend your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay applicable fees
• Abuse our Services or other users

11. Limitation of Liability

To the maximum extent permitted by law, and except for (a) breaches of confidentiality obligations, (b) violations of intellectual property rights, or (c) gross negligence or willful misconduct:

• Our total liability to you for any damages shall not exceed the greater of $100 or the amounts paid by you to us in the 12 months preceding the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for loss of profits, data, use, goodwill, or other intangible losses

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

11.1 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters or acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Network or power failures
• Third-party service provider failures

12. Indemnification

You agree to indemnify and hold harmless Lilikoi and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Services or violation of these Terms.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes through our Platform or via email. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of Colorado, United States, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts of Colorado.

14.1 Dispute Resolution

For any dispute, claim, or controversy:

• We encourage informal resolution through our support channels first
• Formal disputes must be submitted in writing to legal@lilikoi.io
• Both parties agree to attempt good-faith negotiation for 30 days
• If unresolved, disputes will be settled by binding arbitration
• Arbitration will be conducted by a mutually agreed-upon arbitration service, such as the American Arbitration Association (AAA) or JAMS (Judicial Arbitration and Mediation Services)
• The arbitration will be governed by the chosen arbitration service's applicable rules for commercial disputes
• The arbitration will take place in Boulder, Colorado
• The language of arbitration will be English
• The arbitrator's decision will be final and binding on both parties
• Each party will bear its own costs of arbitration, unless the arbitrator decides otherwise

Class Action Waiver:

• All claims must be brought in an individual capacity
• No class actions or representative proceedings are permitted
• You waive any right to participate in class action lawsuits

Small Claims Exception:

• Either party may bring claims in small claims court
• Claims must be within the court's jurisdictional limits
• Claims must be brought on an individual basis

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Contact Information

For questions about these Terms:

• Email: legal@lilikoi.io
• General Support: support@lilikoi.io

17. Related Policies

These Terms should be read in conjunction with our other policies:

• Privacy Policy
• Cookie Policy