Terms of Use | Lobby Labs

PLEASE READ SECTION 16 CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, WAIVES THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.

1. Who this agreement is with

These Terms of Use ("terms") are a binding agreement between you and [TODO: legal entity name], a [TODO: state of incorporation] company ("Lobby Labs," "we," "us," or "our"). If you use the site or join the early-access list on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" includes that organization.

2. What these terms cover

These terms cover only three things: the website at lobbylabs.net and its pages (the "site"), the early-access list, and the emails we send to people on that list.

They do not cover the Lobby product, its SDKs, any hosted service, or any software we release. Those will have their own terms and licenses, which you will be asked to accept separately. Our open-source code is governed by its own license (see section 9).

Our Acceptable Use Policy is part of these terms. Our Privacy Policy explains how we handle personal data.

3. How you agree

When you join the early-access list by clicking the signup button next to the statement "By joining, you agree to our Terms and Privacy Policy," you accept these terms. That click is your binding acceptance and your electronic signature. We record the version of these terms and the time of your signup as evidence of it.

If you use the site without joining the list, you also agree to these terms by using it. If you do not agree, do not use the site and do not join the list.

4. Eligibility

You must be at least 18 years old to use the site or join the early-access list. The site is not intended for children, and you may not sign up anyone other than yourself.

5. Early access

The early-access list is a list of people who want to hear from us about Lobby. Joining it gives you only that: emails from us.

Joining the list does not give you:

any right to access, use, or buy Lobby or any other product or service;
any promised timeline, feature, price, or availability; or
any priority or position on the list that we must honor.

We may change how the list works, decide who receives access and when, or end the list at any time, without liability to you. If we offer you access to Lobby, that access will be under separate terms.

6. Statements about the future

Product descriptions, roadmaps, documentation for features that are not released, and labels such as "coming soon," "planned," or "WAITING" describe our current plans. They are not promises. Plans change, and we may never build or release what the site describes. Do not rely on any of these statements when making a decision.

7. Not an offer of securities

Nothing on the site or in our emails is an offer to sell, or a solicitation of an offer to buy, any security, including any equity, token, or other interest in [TODO: legal entity name].

8. Our intellectual property

The site and its content, including text, graphics, illustrations, page designs, and the selection and arrangement of that content, belong to [TODO: legal entity name] or its licensors and are protected by copyright and other laws. The names Lobby Labs and Lobby, our logos, and the Pip character are trademarks of [TODO: legal entity name]. These terms do not give you any right to use them.

Subject to these terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the site for your personal use or to evaluate Lobby for your organization's internal purposes. We may revoke this license at any time. You may not copy, modify, distribute, sell, or create derivative works of the site's content, except as these terms allow, as an open-source license allows, or as the law permits (for example, fair use). We reserve all rights not expressly granted.

9. Open-source code

Some code we publish, including code in our public repositories and code samples, is licensed under an open-source license. That code is governed only by its own license. Nothing in these terms restricts the rights that license gives you, and nothing in these terms grants you rights to our trademarks.

10. Feedback

If you send us ideas, suggestions, or other feedback, we may use, copy, modify, and share it for any purpose, without payment, credit, or any obligation of confidentiality to you. You give us a perpetual, irrevocable, worldwide, royalty-free license to do so. Do not send us anything you consider confidential or proprietary.

11. Acceptable use

You must follow our Acceptable Use Policy, which is part of these terms. Security research is allowed only under our Security Research Policy.

12. Third-party sites and services

The site links to and relies on websites and services we do not control, such as code hosting platforms, social networks, our hosting provider, and our email provider. We are not responsible for their content, availability, terms, or privacy practices. Your use of them is governed by their terms.

13. Disclaimer of warranties

THE SITE, THE EARLY-ACCESS LIST, OUR EMAILS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ITS CONTENT IS ACCURATE OR COMPLETE, OR THAT ANY PRODUCT OR FEATURE DESCRIBED ON IT WILL BE RELEASED.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER [TODO: LEGAL ENTITY NAME] NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE EARLY-ACCESS LIST, OR OUR EMAILS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE EARLY-ACCESS LIST, OR OUR EMAILS WILL NOT EXCEED US$100.

THESE LIMITATIONS APPLY TO EVERY LEGAL THEORY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANYTHING ELSE, EVEN IF WE WERE TOLD THE DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES. IN THOSE JURISDICTIONS, THESE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

15. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless [TODO: legal entity name] and its affiliates, officers, directors, employees, and agents from any third-party claim, and any resulting losses, damages, fines, and reasonable attorneys' fees, arising out of (a) your misuse of the site, (b) your violation of these terms or the Acceptable Use Policy, or (c) your violation of any law or the rights of another person. We may take control of the defense of a claim at our own expense, and you will not settle a claim that affects us without our written consent.

16. Dispute resolution and arbitration

THIS SECTION REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF FROM US. YOU CAN OPT OUT WITHIN 30 DAYS (SEE SECTION 16.8).

16.1 What this section covers

This section covers any dispute, claim, or controversy between you and us arising out of or relating to these terms, the site, the early-access list, or our emails, whether based on contract, tort, statute, or any other legal theory, and whether it arose before or after you accepted these terms (a "dispute").

16.2 Informal resolution first

Before starting an arbitration or a small claims case, the party with the dispute must send the other a written notice of dispute. Send notices to us by email at legal@lobbylabs.net, with a copy by mail to [TODO: postal address or PO box], Dallas, TX [TODO: ZIP] if you wish. We will send notices to you at the email address you gave us. The notice must include your name, the email address you used with us, a description of the claim and the facts it is based on, and the relief you want.

For 60 days after the notice is received, both sides will try in good faith to resolve the dispute informally. Neither side may start an arbitration or small claims case during that period. Any deadline to bring the claim, including the time limit in section 18, is paused during those 60 days.

16.3 Binding individual arbitration

If the dispute is not resolved within 60 days, either side may start binding arbitration administered by the American Arbitration Association ("AAA"). If you use the site for personal, family, or household purposes, the AAA Consumer Arbitration Rules apply. If you use it on behalf of a business, the AAA Commercial Arbitration Rules apply. In either case, the AAA's rules and procedures for multiple or mass case filings also apply where applicable. The rules are available at adr.org. If these terms conflict with the AAA's rules, these terms control. If the AAA is unavailable, the parties will agree on another arbitration provider, or a court will appoint one.

A single arbitrator will decide the dispute. The arbitrator may award the same individual damages and relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party's individual claim. The arbitrator decides all questions about the interpretation, scope, and enforceability of this section, except that a court decides any question about the class action waiver in section 16.6 and whether section 16.9 applies. The arbitrator's decision is final and binding, and judgment on it may be entered in any court with jurisdiction. A decision in one arbitration does not bind any other arbitration involving other people.

16.4 Fees

For consumer claims, we will pay all AAA filing, administration, and arbitrator fees above the filing fee you pay to start the case. If you show the arbitrator that you cannot afford even that fee, we will pay it too. For business claims, the AAA Commercial Arbitration Rules decide who pays fees. Each side pays its own attorneys' fees and costs unless the arbitrator awards them under applicable law. We will not seek our attorneys' fees from you in a consumer arbitration unless the arbitrator finds your claim was frivolous or brought for an improper purpose.

16.5 Where the arbitration happens

If the AAA's rules call for an in-person or remote hearing, you choose whether it is held by video conference or in the county where you live. If you do not live in the United States, or if you use the site on behalf of a business, the hearing will be held by video conference or in Dallas County, Texas. Where the AAA's rules allow a claim to be decided on written submissions alone, that procedure applies unless either side requests a hearing.

16.6 Class action and jury trial waiver

YOU AND WE EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (EXCEPT AS THE AAA'S MASS FILING PROCEDURES PROVIDE FOR ADMINISTRATION) AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

16.7 Exceptions

Either side may, instead of arbitrating:

bring an individual claim in small claims court, as long as it stays in that court and is not removed or appealed to a court of general jurisdiction; or
ask a court for an injunction or other equitable relief to stop the actual or threatened infringement, misappropriation, or other misuse of copyrights, trademarks, trade secrets, patents, or other intellectual property.

16.8 Your right to opt out

You may opt out of this arbitration agreement by emailing legal@lobbylabs.net within 30 days after you first accept these terms. Your email must include your name, the email address you used to sign up, and a clear statement that you are opting out of arbitration. If you opt out, disputes will be resolved in court as described in section 17, and the rest of these terms still apply. Opting out has no effect on your relationship with us otherwise. An opt-out you send under an earlier version of these terms remains effective.

16.9 If the class action waiver is unenforceable

If a court decides that the class action waiver in section 16.6 cannot be enforced for a particular claim or request for relief, then that claim or request (and only that one) will be severed and decided by a court under section 17, after any individual claims are arbitrated. It will never be decided in class, collective, or representative arbitration. If any other part of this section is found unenforceable, the rest of it still applies.

16.10 Survival

This section survives the end of your use of the site, your removal from the early-access list, and the termination of these terms.

17. Governing law and venue

The laws of the State of Texas govern these terms and any dispute, without regard to its conflict of laws rules. The Federal Arbitration Act governs the interpretation and enforcement of section 16. For any dispute that is not arbitrated, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, and waive any objection to those courts. Nothing in these terms takes away any protection you have under the consumer protection laws of the place where you live that cannot be waived by contract.

18. Time limit for claims

To the extent the law allows, any claim arising out of or relating to these terms, the site, the early-access list, or our emails must be brought within one year after the claim arises. If the law does not allow a one-year limit for a claim, the claim must be brought within the shortest period the law allows. A claim not brought in time is permanently barred.

19. Changes to these terms

We may change these terms. When we do, we will post the new version on this page with a new version number and effective date. If a change is material, we will email it to everyone on the early-access list at least 30 days before it applies. Changes are never retroactive. A change never applies to a dispute for which a notice of dispute was sent before the change took effect; that dispute stays governed by the version in effect when the notice was sent.

If you keep using the site or stay on the early-access list after a change applies, the changed terms apply to you from that point forward. If you do not agree to a change, unsubscribe and stop using the site. Earlier versions are kept in the legal archive.

20. Electronic communications and signatures

You agree to receive agreements, notices, and other communications from us electronically, by email or on the site. Electronic communications satisfy any legal requirement that a communication be in writing. Your click to join the early-access list is an electronic signature with the same effect as a handwritten one under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law. You can save or print these terms from this page, or ask us for a copy at legal@lobbylabs.net. You can withdraw your consent to electronic communications by unsubscribing, which also removes you from the list.

21. Export controls and sanctions

You may not use the site or join the early-access list if you are located in, or ordinarily resident in, a country or region subject to comprehensive United States sanctions or embargoes, or if you are, or are owned or controlled by, a person on a United States government restricted party list, such as the Specially Designated Nationals and Blocked Persons List. By using the site, you confirm that none of these applies to you.

22. Suspension and termination

We may suspend or end your access to the site, or remove you from the early-access list, at any time and for any reason, with or without notice. You may stop using the site and unsubscribe at any time. Sections 8 (Our intellectual property), 10 (Feedback), 13 (Disclaimer of warranties), 14 (Limitation of liability), 15 (Indemnity), 16 (Dispute resolution and arbitration), 17 (Governing law and venue), 18 (Time limit for claims), 23 (General), and any other provision that by its nature should survive, survive termination.

23. General

Entire agreement: These terms, including the Acceptable Use Policy, are the entire agreement between you and us about their subject and replace any earlier agreement on that subject.
Severability: If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest of these terms will remain in effect, except as section 16.9 provides.
No waiver: Our failure to enforce a provision is not a waiver of our right to enforce it later. A waiver is effective only if it is in writing.
Assignment: We may assign or transfer these terms, including in connection with a merger, acquisition, corporate reorganization, or sale of all or part of our assets. You may not assign or transfer these terms without our written consent. Any attempt to do so is void.
Force majeure: We are not liable for any delay or failure caused by events beyond our reasonable control, such as natural disasters, outages of internet or hosting providers, cyberattacks, labor disputes, government action, or war.
No third-party beneficiaries: These terms do not give any rights to anyone other than you and us.
Relationship: These terms do not create a partnership, joint venture, employment, or agency.
Language: The English version of these terms controls. Any translation is for convenience only.
Interpretation: Headings are for convenience only. "Including" means "including without limitation."
Notices: Send legal notices to us by email at legal@lobbylabs.net and by mail to [TODO: legal entity name], [TODO: postal address or PO box], Dallas, TX [TODO: ZIP]. A notice to us is effective when we receive it. We will send notices to you at the email address you gave us, and they are effective when sent.

24. Contact

[TODO: legal entity name]
[TODO: postal address or PO box], Dallas, TX [TODO: ZIP]
legal@lobbylabs.net