Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website lova.dev (the "Site"), operated by Lova Studio LLC, a Texas limited liability company ("Lova," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a contract. Lova provides services primarily to US-based individuals and entities. Use of the Site from outside the United States is at your own risk; you are responsible for compliance with all applicable local laws.

2. Description of Services

The Site provides information about Lova's web and mobile development services and allows visitors to (a) submit project inquiries, (b) book consultation calls, and (c) order productized services through online payment.

Any actual services you order from Lova will be governed by a separate Master Services Agreement and Statement of Work, which together with these Terms form the complete agreement between you and Lova for those services.

3. Acceptable Use

You agree not to:

• Use the Site for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the Site
• Interfere with, damage, or disrupt the Site
• Submit false or misleading information through any form
• Use automated systems (bots, scrapers) without our written permission
• Reproduce, distribute, or modify Site content without our written permission
• Reverse-engineer, decompile, or otherwise attempt to derive source code from any Lova-delivered software except as permitted by applicable law

4. Intellectual Property

All content on the Site (text, design, code, logos, images, trademarks) is owned by Lova or its licensors. The "Lova" name and Lova Coral color palette are claimed as trademarks and trade dress of Lova.

5. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LOVA DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LOVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY SERVICES.

LOVA'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, THE SITE, OR ANY SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID LOVA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

The foregoing limitations shall NOT apply to: (i) gross negligence or willful misconduct; (ii) fraud or intentional misrepresentation; (iii) bodily injury or death; or (iv) Lova's indemnification obligations under §7.

7. Indemnification

You indemnify Lova. You agree to indemnify, defend, and hold harmless Lova and its members, officers, employees, and contractors from any third-party claim, loss, or expense (including reasonable attorney fees) arising out of: (a) content, materials, or data you provide to Lova; (b) your violation of these Terms; or (c) your violation of any law or third-party right.

Lova indemnifies you (limited). Lova will defend and indemnify you against third-party claims that Lova's original work product, as delivered, infringes a US patent, registered copyright, or registered trademark, provided you (i) promptly notify Lova in writing, (ii) give Lova sole control of the defense and any settlement, and (iii) reasonably cooperate. This indemnity does not cover: (1) third-party or open-source components subject to their own licenses; (2) modifications made by anyone other than Lova; or (3) use of the deliverables combined with materials not supplied by Lova.

8. Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any Lova services shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Collin County, Texas, before a single arbitrator. The arbitrator's award shall be final and may be entered as a judgment in any court of competent jurisdiction.

YOU AND LOVA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Either party may bring an individual claim in small-claims court in lieu of arbitration. You may opt out of this arbitration provision by emailing [email protected] within thirty (30) days of first accepting these Terms, with the subject line "Arbitration Opt-Out." This opt-out is irrevocable once made.

9. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or cloud-provider outages, or failures of third-party services (including but not limited to Cloudflare, Supabase, Stripe, AWS, or Google).

10. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Subject to §8 (Arbitration), the state and federal courts located in Collin County, Texas shall have exclusive jurisdiction over any disputes not subject to arbitration.

11. Housekeeping

• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• Entire Agreement. These Terms, together with the Master Services Agreement and any applicable Statement of Work, constitute the entire agreement between you and Lova regarding your use of the Site and any services and supersede all prior agreements, communications, or representations.
• Assignment. You may not assign these Terms without Lova's written consent. Lova may assign these Terms in connection with a merger, acquisition, or sale of substantially all its assets.
• Survival. Sections 4, 5, 6, 7, 8, 10, and 11 survive any termination of these Terms.
• Notice. Notices to Lova must be in writing to [email protected] or by mail to Lova Studio LLC, 6675 S Custer Rd Ste 500, McKinney, TX 75070. Notices to you may be delivered to the email address associated with your account.

12. Electronic Communications and Signatures

You consent to receive notices, disclosures, and other communications from Lova electronically, including by email. Electronic signatures, including those executed via Stripe Checkout acceptance, online intake forms, or any other electronic acknowledgment, have the same legal effect as handwritten signatures and satisfy any legal requirement that a signature or communication be in writing under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. For material changes that affect existing clients' rights or obligations, we will additionally email every active client at least thirty (30) days before the change takes effect, consistent with our Privacy Notice commitment. Continued use of the Site after the effective date constitutes acceptance.

14. Contact

Questions? Email [email protected].