These Terms of Service (the "Terms") are a legal agreement between Lucho LLC ("Lucho," "we," "us," or "our") and the entity or individual accepting these Terms ("Customer," "you," or "your"). These Terms govern access to and use of Lucho's websites, applications, and services (collectively, the "Services").
By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
1) The Services
Lucho provides software for service providers to manage communications, operations, customer records, and related workflows. Features may change over time. We may add, remove, or modify features and may suspend features when required for security, compliance, or technical reasons.
2) Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Services.
You are responsible for:
- maintaining the confidentiality of account credentials,
- all activities under your account,
- ensuring your users comply with these Terms.
You must provide accurate and up-to-date information.
3) Customer Data and Content
A. Customer Data
"Customer Data" means data, content, and materials submitted to the Services by you or your users (including contact data, messages, photos, files, job records, and other information you provide or sync via integrations).
As between you and Lucho, you own Customer Data. You grant Lucho a limited, non-exclusive license to host, store, process, transmit, and display Customer Data only to provide, secure, and improve the Services and as otherwise permitted by these Terms and our Privacy Policy.
B. Your Responsibilities
You are responsible for:
- the legality and accuracy of Customer Data,
- obtaining any required notices, permissions, and consents from your users and Service Recipients,
- configuring permissions so only authorized users access Customer Data,
- complying with applicable laws (including those related to privacy and communications).
You represent and warrant that you have all rights and permissions needed to provide Customer Data to Lucho and to allow Lucho to process it under these Terms.
4) Communications Features (SMS, Email, and Messaging)
If you enable communications features, you acknowledge that communications channels (including SMS and email) are regulated and subject to carrier, provider, and legal requirements.
A. Compliance
You agree that you will:
- communicate only with people who have provided appropriate consent or have a legitimate service relationship,
- honor opt-outs and unsubscribe requests promptly,
- not use the Services for spam, harassment, or unsolicited bulk messaging,
- not use purchased, scraped, or harvested lists,
- comply with all applicable laws and regulations (including TCPA and similar rules where applicable).
B. Safeguards and Enforcement
Lucho may implement limits and safeguards (such as rate limits, filtering, and compliance checks). We may suspend or disable communications features for your account if we believe, in our sole discretion, that your use poses compliance risk, violates these Terms, triggers carrier enforcement, or harms recipients.
C. Third-Party Delivery
Message delivery relies on third-party networks and providers. Delivery is not guaranteed, and delays, filtering, blocking, or failures may occur.
5) Acceptable Use
You agree not to:
- violate any law or regulation,
- infringe intellectual property or privacy rights,
- upload malware or attempt to disrupt the Services,
- attempt unauthorized access to accounts or systems,
- reverse engineer the Services except where prohibited by law,
- use the Services to send prohibited content or to facilitate harmful, deceptive, or illegal activity.
We may investigate suspected violations and take action including suspension or termination.
6) Integrations and Third-Party Services
The Services may interoperate with third-party services (integrations). Third-party services are not controlled by Lucho, and your use of them is governed by their terms and policies. Lucho is not responsible for third-party services.
7) Fees, Billing, and Taxes
You agree to pay fees associated with your plan and usage (as applicable). Fees, billing cycles, and payment terms will be presented at signup or in an order form.
Unless otherwise stated:
- fees are non-refundable,
- taxes are your responsibility except where Lucho is required to collect them.
We may change pricing with advance notice as required by law or contract.
8) Trials and Beta Features
We may offer trials or beta features. Trials and beta features are provided "as is" and may be modified or discontinued at any time. Lucho may limit availability or functionality during trials.
9) Suspension and Termination
You may stop using the Services at any time. We may suspend or terminate access:
- for violation of these Terms,
- to comply with legal requirements,
- to protect the Services, users, or recipients,
- for non-payment.
Upon termination, your right to use the Services ends. We may provide reasonable means to export Customer Data where required by law or contract and where technically feasible.
10) Confidentiality
Each party may receive non-public information from the other. You agree not to disclose Lucho's confidential information and to use it only as needed to use the Services.
11) Intellectual Property
Lucho retains all rights, title, and interest in the Services, including software, designs, and trademarks. These Terms grant you a limited right to use the Services, not ownership.
You may provide feedback. If you do, you grant Lucho a perpetual, irrevocable license to use feedback without compensation.
12) Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUCHO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Lucho does not provide legal advice. You are responsible for your own compliance obligations.
13) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- LUCHO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
- LUCHO'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO LUCHO FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so these may not apply to you.
14) Indemnification
You agree to defend, indemnify, and hold harmless Lucho and its affiliates from claims arising out of:
- your Customer Data,
- your use of the Services,
- your communications with Service Recipients (including SMS/email),
- your violation of laws or these Terms.
15) Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Ohio, United States, excluding conflict of law rules.
A. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Ohio. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
B. Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights pending resolution of any dispute. Claims that qualify for small claims court may be brought in such court instead of arbitration.
C. Class Action Waiver
YOU AND LUCHO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Lucho. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.
D. Opt-Out
You may opt out of this arbitration agreement by sending written notice to hello@getlucho.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision.
16) Changes to These Terms
We may update these Terms from time to time. If changes are material, we will provide notice as required by law. Continued use of the Services after the effective date of updated Terms constitutes acceptance.
17) Contact
Lucho LLC
Email: hello@getlucho.com
Address: P.O. Box coming soon