[ Terms & Conditions ]

Terms & Conditions

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These terms govern your use of the LOFISTACK website, our products and our services. By using any of them you agree to what follows. If you are agreeing on behalf of a company, you confirm you have the authority to bind it.

The agreement

These terms form a binding agreement between you and LofiStack Ltd.. Where you have signed a separate order form, statement of work or master services agreement with us, that document governs and these terms fill the gaps; if the two conflict, the signed one wins.

Who may use the service

You must be at least 16 years old and legally able to enter a contract. You may not use the service if you are barred from doing so under applicable law, or if we have previously terminated your account for breach.

Accounts

You are responsible for what happens under your account, for keeping credentials secure, and for telling us promptly if you suspect unauthorised access. Information you give us at sign-up must be accurate and kept current. We may suspend an account where we reasonably believe it has been compromised.

Acceptable use

You agree not to:

  • Break the law, infringe anyone's rights, or use the service to send unlawful, deceptive or harassing content.
  • Reverse engineer, decompile or attempt to extract source code, except where that restriction is unenforceable by law.
  • Probe, scan or test the vulnerability of our systems without our prior written permission, or circumvent authentication or rate limits.
  • Resell, sublicense or provide the service to third parties as a service bureau, unless your agreement with us says you may.
  • Upload malware, or use the service in a way that degrades it for anyone else.

Subscriptions, billing and refunds

Product subscriptions are billed in advance on a recurring basis and renew automatically until cancelled. Cancelling stops the next renewal; it does not refund the current period. Fees exclude taxes, which we add where we are required to collect them.

We may change prices with at least 30 days' notice before the change applies to your renewal. If you do not accept a price change, cancel before it takes effect. Where a payment fails we may retry and, after reasonable notice, suspend access until it clears.

Services engagements

Consulting, engineering and design work is delivered under a statement of work that sets out scope, deliverables, timeline and fees. Work outside an agreed scope is a change request, priced before it starts. We do not invoice for scope we did not agree with you first.

Fixed-scope engagements assume you provide access, decisions and reviews within the timeframes set out in the statement of work. Where they are delayed, timelines move accordingly.

Intellectual property

We own the service, our products, our brand and everything we bring to an engagement that pre-dates it or is generic to our practice: our tooling, libraries, methods and know-how. You own your content and your data, and you grant us only the licence we need to host, process and display it in order to run the service.

For client engagements, deliverables built specifically for you transfer to you on full payment, subject to a perpetual licence back to us for any of our pre-existing material embedded in them.

Third-party services

Our products integrate with third-party services, and our site links to them. We do not control them, we are not responsible for them, and their terms and privacy policies apply to your use of them. An integration is not an endorsement.

Availability and changes

We aim to keep the service available and will give reasonable notice of planned maintenance where we can. We may add, change or remove features. Where we discontinue a product or make a materially adverse change to one you pay for, we will give you at least 60 days' notice and a pro-rata refund of fees paid for the unused period.

Disclaimers

Except as expressly stated in these terms or a signed agreement, the service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Nothing here excludes a warranty that cannot lawfully be excluded, and some jurisdictions do not allow these exclusions, in which case they do not apply to you.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, goodwill or data, however caused.

Our total aggregate liability arising out of or relating to these terms is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or USD 100.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Indemnity

You agree to indemnify us against claims, damages and reasonable legal costs arising from your content, your use of the service in breach of these terms, or your violation of law or of a third party's rights. We will tell you promptly of any such claim and let you control the defence, provided any settlement that admits fault or imposes obligations on us needs our consent.

Termination

You may stop using the service at any time and close your account from within it. We may suspend or terminate access if you materially breach these terms and do not fix it within 30 days of notice, or immediately where the breach is incapable of cure or where required by law.

On termination, your right to use the service ends. We will make your data available for export for 30 days, after which we delete it in line with our Privacy Policy. Clauses that by their nature should survive (intellectual property, liability, indemnity, governing law) survive.

Governing law

These terms are governed by the laws of Bangladesh, without regard to its conflict of law rules, and the parties submit to the exclusive jurisdiction of the courts of Chittagong, Bangladesh. If any provision is held unenforceable, the rest stays in force.

Contact

Questions about these terms go to hello@lofistack.com, or by post to LofiStack Ltd., Agrabad, Chittagong, Bangladesh.