Terms of Service

Last updated: July 7, 2026

1.Our Services

Lotiva provides digital marketing and technology services, including search engine optimization, paid advertising management, social media management, email and SMS marketing, creative and design services, branding, website design and development, ecommerce builds, media production, software development, AI automation, and website maintenance. Services are delivered as monthly subscription plans, one-time projects, or hourly work, as described on our pricing pages at the time of purchase.

The plan or project description shown at checkout, together with these Terms, defines the scope of what you are purchasing. Nothing outside that written scope is included, and no service or deliverable is implied by prior conversations, custom, or expectation.

2.Clients We Accept

We choose who we work with. Acceptance of any client, industry, campaign, or piece of content is at our sole discretion, and we may decline or discontinue service for any lawful reason.

We do not accept clients, campaigns, or content involving: violence or graphic content; adult or sexually explicit material; escort or dating services; occult or satanic content; illegal products or services; or the promotion of social, political, or ideological agendas or causes. If we decline an engagement before work begins, any payment made will be refunded in full. If a restricted use is discovered after work begins, we may terminate immediately and amounts already paid remain non-refundable.

3.Contract Terms, Price Locks, and Renewal

Monthly plans run on a contract term of 3, 6, or 12 months, selected by you at checkout. Your monthly rate is locked for the full term you select. We will not raise it mid-term.

Plans are billed monthly, in advance, on the same day each month. The contract term is a commitment: if you cancel before the end of your selected term, the remaining months of that term are still payable.

At the end of your term, your plan renews automatically in successive 3-month terms at the then-current rate unless either party gives written notice of non-renewal at least 30 days before the renewal date.

All marketing plans are planned, executed, and reviewed in 90-day sprints, so your strategy compounds quarter over quarter regardless of the term length you choose.

4.Payment Terms

All payments are due up front.

• Monthly plans are billed in advance for each upcoming month of service.
• Projects (branding, website design and development, ecommerce builds, software, AI automation, and similar) are paid in full before work begins. We do not offer deposits, installments, or split payments.
• Hourly work is billed at $150 per hour with a one-hour minimum, in whole-hour increments. Partial hours are rounded up to the next full hour.
• Media production is booked in 4-hour minimum blocks. Travel and related expenses are billed at cost and are not included in published rates.
• Setup fees, where applicable, are shown before checkout and are due with your first payment.

You are responsible for keeping a valid payment method on file for subscription billing. If a payment fails or is past due, we may pause all work and deliverables until the account is current. Accounts more than 15 days past due may be suspended, and you are responsible for our reasonable costs of collection, including attorney's fees.

Prices do not include applicable taxes, which are your responsibility where required by law.

5.Third-Party Costs

Advertising spend, platform subscriptions, software licenses, plugins, hosting, domains, telephony and SMS fees, carrier registration fees, and AI API usage are your costs, paid by you directly to the third party in accounts held in your name. Lotiva does not advance or reimburse third-party costs, and our fees never include them unless expressly stated in writing.

6.Bundles and Promotions

Bundle discounts apply when multiple qualifying monthly services are purchased together in a single checkout or under a single agreement. Promotional codes apply only where accepted at checkout, cannot be combined unless we say otherwise in writing, and have no cash value. We may modify or end any promotion at any time for future purchases.

7.Refunds

Fees are non-refundable once the billing period has begun or work has started, including in cases of client delay, a change in your priorities, or dissatisfaction not arising from our failure to deliver the purchased scope. Where we decline or cancel an engagement before beginning work, we will refund payments received for that engagement in full.

8.Chargebacks

If you believe a charge is incorrect, contact us at [email protected] first. Billing questions are typically resolved within one business day. Initiating a chargeback or payment dispute on a valid charge is a material breach of these Terms. You agree to reimburse us for chargeback fees, administrative costs, and losses caused by an invalid dispute, and we may suspend or terminate services immediately upon receiving one.

9.Your Responsibilities

Timely delivery depends on you. You agree to provide accurate information, required content and brand assets, account access and user invitations, approvals, and feedback within a reasonable time of our request. Where platform verifications or registrations are required (for example, SMS carrier registration), you are responsible for completing them and paying any related fees.

Delays caused by you extend timelines day-for-day and do not create any refund right or reduce fees. If a project sits idle for more than 30 days awaiting your input, we may close it out, and re-opening it may require a new engagement.

You are responsible for the legality and accuracy of the information, products, claims, and content you provide to us or ask us to publish.

10.Scope, Revisions, and Change Requests

Each deliverable includes reasonable rounds of revisions that refine the deliverable within its original scope and structure. Requests that add new deliverables, expand scope, introduce new integrations, or rebuild a deliverable into something different are change requests, not revisions. Change requests are quoted separately, require written agreement, and are paid up front before the work begins.

Once you approve a deliverable, or put it into production use, it is accepted. Work requested after acceptance is new work.

During an active build, please do not modify configurations, code, campaigns, or settings we are working in. Rework caused by unauthorized changes is billed at our hourly rate.

11.Design Work Policy

We do not sell one-off design projects. Design work is available in exactly two ways: as part of a Branding package, or through a Creative on Demand subscription. Requests for standalone one-off design work outside those two offerings will be declined or directed to the appropriate plan.

12.Website Maintenance and Pre-Existing Conditions

Website maintenance plans cover sites that are in normal working condition when the plan begins.

If your site is already hacked, infected, or otherwise compromised when you sign up, the plan does not cover it. Compromised sites must first complete a paid malware cleaning service, billed at our hourly rate, to restore the site to normal operation before plan coverage begins. We are not responsible for the pre-existing compromise, and we are not responsible for any data, content, functionality, rankings, or other losses that occur during or as a result of the cleanup process. Malware removal included in a maintenance plan applies only to infections that occur while the plan is active.

Maintenance plans cover the services listed in your plan. They do not include redesigns, new feature development, or recovery from failures caused by third parties (hosting outages, plugin vendors, or changes you or others make to the site outside our work).

13.Digital PR and Press Releases

Press releases included in SEO plans are distributed to a network of 300 or more outlets. Distribution means the release is submitted and made available to those outlets. Editorial pickup, placement, syndication, and coverage are decisions made by the outlets themselves and are never guaranteed, and no specific outlet, publication date, or placement is promised.

14.Advertising, Email, and SMS Compliance

You are solely responsible for compliance with the laws and platform rules that apply to your business and your messaging, including without limitation the TCPA, CAN-SPAM, state privacy laws, advertising regulations for your industry, and carrier requirements. You represent that you have obtained all required consents for any contact list you provide to us and for the email and SMS communications we send on your behalf. You will indemnify us for claims arising from your lists, your consent practices, or your business's compliance obligations.

15.Third-Party Platforms

Our work depends on platforms we do not control, including Google, Meta, WordPress, hosting providers, email and SMS carriers, payment processors, and AI model providers. These platforms change policies, alter algorithms, filter messages, suspend accounts, and experience outages. We are not responsible for the actions, decisions, or availability of any third-party platform, and platform behavior does not create a refund right. Where an account suspension or policy issue arises from your business practices, resolving it with the platform is your responsibility, though we will reasonably assist within your plan's scope.

16.AI Services

AI automation deliverables are built in accounts held in your name, and you pay the AI providers directly for usage. AI systems generate output probabilistically: we build, test, and add guardrails to reduce errors, but no AI system is error-free, and we do not guarantee any specific output, accuracy rate, or behavior. You are responsible for human review of AI output used in regulated, legal, financial, or safety-relevant contexts. Optional monitoring plans cover ongoing supervision and tuning; without one, deliverables are maintained by you after handoff.

17.No Outcome Guarantees

We do not guarantee rankings, traffic, leads, sales, revenue, return on ad spend, follower growth, deliverability, or any other business outcome. Case studies and testimonials describe specific past clients and are not a promise of your results. What we commit to is the work: the scope of your plan, executed by professionals, measured honestly, and reviewed with you every quarter.

18.Ownership and Intellectual Property

You own your accounts and your deliverables. Ad accounts, analytics, your website, and your content are built in your name from day one. Upon full payment, all deliverables we create for you, including designs, copy, code, campaigns, and creative, belong to you.

Lotiva retains ownership of its pre-existing materials: internal tools, templates, frameworks, processes, and know-how. Where any pre-existing material is embedded in a deliverable, you receive a perpetual, non-exclusive license to use it as part of that deliverable. You may not resell our deliverables, templates, or methods as your own service offering without written consent.

If your engagement ends, you keep everything that is yours. We do not hold accounts, websites, or data hostage.

19.Confidentiality and Portfolio Use

Each party will protect the other's non-public business information with reasonable care, use it only to perform under these Terms, and disclose it only to those who need it and are bound to protect it. This obligation survives for three years after the engagement ends.

We may reference your name, logo, and non-confidential results in our portfolio, case studies, and marketing unless you opt out in writing. We will not disclose figures you designate as confidential.

20.Non-Disparagement

Both parties agree not to make or publish false, misleading, or disparaging statements about the other, including about services, personnel, or business practices. Honest reviews of your actual experience are not restricted. This section survives termination.

21.Indemnification

You will defend, indemnify, and hold harmless Lotiva and its owners, employees, and contractors from claims, damages, penalties, and expenses (including reasonable attorney's fees) arising from: (a) your business, products, and services; (b) content, claims, and information you provide; (c) your messaging lists and consent practices; (d) your violation of law or platform policies; (e) chargebacks or payment disputes on valid charges; or (f) modifications made to our work by you or third parties.

22.Limitation of Liability

To the maximum extent permitted by law, Lotiva's total liability arising out of or related to these Terms will not exceed the fees you actually paid to Lotiva in the twelve (12) months preceding the event giving rise to the claim. In no event will Lotiva be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, business interruption, or loss of data.

23.Suspension and Termination

We may suspend work immediately for non-payment, chargebacks, unauthorized modification of our work in progress, abusive conduct toward our team, or a violation of Section 2 or Section 14. We may terminate the engagement if a breach is not cured within five business days of written notice, or immediately where the breach cannot be cured. Upon termination, amounts owed for the remainder of a contract term and for work performed remain payable, and sections of these Terms that by their nature should survive (payment, indemnification, liability limits, confidentiality, non-disparagement, governing law) survive.

You may terminate for our uncured material breach with the same five-business-day notice-and-cure process.

24.Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, internet or utility failures, war, labor disputes, or government action, provided the affected party gives prompt notice and resumes performance as soon as practicable.

25.Enterprise and Custom Agreements

Enterprise plans and custom engagements are governed by a separate signed agreement. Where a signed agreement conflicts with these Terms, the signed agreement controls for that engagement. These Terms apply to everything the signed agreement does not address.

26.Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Exclusive venue for any dispute is the state or federal courts located in Denton County, Texas. The parties will first attempt in good faith to resolve any dispute informally. In litigation, the prevailing party is entitled to reasonable attorney's fees and costs.

27.General

These Terms, together with the plan or project description at checkout and any signed agreement, are the entire agreement between the parties. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. Verbal statements, text messages, and informal conversations do not modify these Terms.

28.Changes to These Terms

We may update these Terms from time to time. The version posted at lotiva.com/terms-of-service applies to purchases made after it is posted; the version in effect when you purchased continues to govern that purchase for its term. Material changes will be noted by updating the date at the top of this page.

29.Contact