# Terms of Service **Last Updated: April 16, 2026** Welcome to Lomelli. These Terms of Service ("Terms") govern your access to and use of the Lomelli platform, website, and services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you have authority to bind that business to these Terms. --- ## 1. Who We Are Lomelli is operated by **[YOUR-LEGAL-ENTITY-NAME]** ("Lomelli," "we," "us," or "our"). You can reach us at: - **Email:** hello@lomelli.ai - **Phone:** +1 (448) 413-9729 - **Legal notices:** legal@lomelli.ai ## 2. Description of Service Lomelli is an AI-powered booking automation platform. The Service answers inbound customer messages across WebChat, SMS, and WhatsApp; qualifies leads; books appointments to Google Calendar; sends reminders; and follows up on no-shows. We may add, change, or remove features at any time. We will give you reasonable notice of material changes that reduce functionality on paid plans. ## 3. Account Registration and Security - You must be at least 18 years old and able to form a binding contract. - Account information must be accurate and kept up to date. - You are responsible for all activity under your account. Keep your credentials confidential. - Lomelli stores passwords as salted bcrypt hashes and supports optional multi-factor authentication. We strongly recommend enabling it. - Notify us immediately at security@lomelli.ai if you suspect unauthorized access. ## 4. Subscription and Billing - Plans and pricing are shown on the [pricing page](../index.html#pricing). Monthly plans renew every month; annual plans renew every 12 months. All prices are in USD unless stated otherwise. - We bill in advance through our PCI-compliant payment processor. You authorize Lomelli to charge your payment method on each renewal until you cancel. - You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. Monthly fees are not refundable on a pro-rata basis. - We offer a 14-day free trial on all plans; no credit card is required to start. - Taxes (VAT, sales tax, etc.) are added where required by law. - If a payment fails, we will retry and notify you. After 14 days past due, we may suspend or terminate the account. ## 5. Acceptable Use You agree not to use the Service to: - Violate any law or regulation, including consumer-protection, telemarketing, anti-spam (CAN-SPAM, TCPA, CASL, GDPR Art. 7), and wiretap laws. - Send unsolicited bulk messages, spam, or phishing content. - Impersonate any person or entity or misrepresent your affiliation. - Harvest or scrape data from the Service without permission. - Reverse engineer, decompile, or attempt to extract source code from the Service (except where such restriction is prohibited by law). - Interfere with or disrupt the Service, servers, or networks. - Use the Service to store or transmit malware or other harmful code. - Attempt to circumvent rate limits, authentication, or access controls. - Use the Service to handle regulated data (e.g., PHI under HIPAA) unless you have a signed Business Associate Agreement with us. We may investigate, suspend, or terminate accounts that violate these rules. ## 6. AI-Generated Content The Service uses AI models to draft replies and suggest actions. You understand that: - AI output is probabilistic and may contain errors. - You are responsible for reviewing and approving any AI-generated message that represents your business. - Critical actions (booking, cancellation, payment) require explicit customer confirmation before the Service takes them. - We do not guarantee the factual accuracy or appropriateness of AI output. - We do not use your customers' conversation data to train models shared with third parties. ## 7. Intellectual Property ### 7.1 Our IP Lomelli, including its software, design, logos, and documentation, is owned by us and our licensors. No rights are granted to you except the limited right to use the Service as described in these Terms. ### 7.2 Your Content You retain all rights in the content you or your customers submit ("Customer Content"). You grant Lomelli a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and create derivative works of Customer Content solely to provide the Service to you. ### 7.3 Feedback If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without compensation. ## 8. Third-Party Platforms and APIs The Service integrates with third-party platforms (Google Calendar, Twilio, Meta/WhatsApp, Stripe, Resend, and others). Your use of those platforms is governed by their terms. You are responsible for: - Maintaining your accounts on those platforms in good standing. - Complying with their terms of service and acceptable use policies. - Any charges they bill you directly (e.g., WhatsApp conversation fees). We are not responsible for outages, policy changes, or account suspensions on third-party platforms. ## 9. Confidentiality and Data Protection - Each party agrees to protect the other's confidential information with at least the same care it uses for its own and not less than reasonable care. - Lomelli processes personal data according to our [Privacy Policy](privacy-policy.md). - Business customers who need a GDPR Article 28 Data Processing Agreement can request one at privacy@lomelli.ai; Lomelli's DPA is incorporated into these Terms by reference once executed. ## 10. Security Lomelli maintains administrative, technical, and physical safeguards designed to protect your data, including: - TLS 1.3 encryption for all traffic. - AES-256 encryption at rest. - Salted bcrypt password hashing. - Multi-factor authentication for production access. - Role-based access control and audit logging. - Regular vulnerability scans and third-party penetration testing. - Continuous monitoring for prompt-injection and abuse patterns. No service can be 100% secure. Report vulnerabilities to security@lomelli.ai. ## 11. Disclaimers THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any AI-generated content will be accurate, complete, or appropriate for any particular use. ## 12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW: - LOMELLI IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. - OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100. - NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. ## 13. Indemnification You agree to indemnify and hold harmless Lomelli and its affiliates, officers, directors, and employees from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of: - Your use of the Service in violation of these Terms or applicable law. - Content you submit or transmit through the Service. - Your violation of any third-party right, including intellectual property or privacy rights. - Messages sent through the Service that do not comply with applicable telemarketing or anti-spam laws. ## 14. Termination - You may cancel your account at any time from your account settings. - We may suspend or terminate your account if you materially breach these Terms, fail to pay, or use the Service in a way that poses a security or legal risk. Where practical, we will give notice and a chance to cure. - On termination, your right to use the Service ends. We will retain and delete data per our [Privacy Policy](privacy-policy.md). - Sections that by their nature should survive termination (IP, confidentiality, liability, indemnity, governing law) will survive. ## 15. Dispute Resolution Before filing any lawsuit, you agree to contact us at legal@lomelli.ai and work with us in good faith to resolve the dispute for at least 30 days. Any dispute that cannot be resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in [YOUR-STATE-OR-COUNTY], except that either party may pursue claims in small-claims court if eligible. **You and Lomelli both waive the right to a jury trial and the right to participate in a class action.** Residents of the EU, UK, and other jurisdictions where mandatory arbitration is prohibited may bring claims in the courts of their place of residence. ## 16. Governing Law These Terms are governed by the laws of the State of [YOUR-STATE], USA, without regard to its conflict-of-laws rules, except where mandatory local law of your country of residence applies. ## 17. Changes to Terms We may update these Terms from time to time. For material changes, we will notify you by email or in-product notice at least 30 days before they take effect. Continued use of the Service after the effective date means you accept the new Terms. ## 18. Miscellaneous - **Entire agreement:** these Terms, the Privacy Policy, the Cookie Policy, and any order form make up the entire agreement between you and Lomelli. - **Severability:** if a provision is held invalid, the rest remains in effect. - **No waiver:** our failure to enforce a right is not a waiver. - **Assignment:** you may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, or sale of assets. - **Force majeure:** neither party is liable for delays caused by events outside reasonable control (natural disasters, cyberattacks, government action, outages at upstream providers). --- ## 19. Contact Us - **Email:** legal@lomelli.ai - **General:** hello@lomelli.ai - **Phone:** +1 (448) 413-9729 - **Postal mail:** [YOUR-REGISTERED-ADDRESS] --- *These Terms are a thorough starting point and not a substitute for legal advice. Please have them reviewed by a qualified attorney before publishing.*