Terms Of Service
Effective Date:
12/2/2025
Welcome to Lobsang Solutions LLC. These Terms of Service ("Terms") govern your use of our website, products, and services (“Services”), provided by Lobsang Solutions LLC (“Company”, “we”, “our”, or “us”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
1. Services Provided
Lobsang Solutions LLC provides marketing services including, but not limited to:
Campaign development and execution, SMS and email marketing support, Automation and CRM integration Branding, design, and digital strategy White-labeled marketing fulfillment
We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.
2. Use of Services
You agree to use our Services in compliance with all applicable laws and regulations, including A2P messaging compliance, CAN-SPAM Act, TCPA, and other data protection laws. You must not use our services for any unlawful or unauthorized purpose.
3. SMS & Messaging Terms
If you use our Services to send SMS messages or use messaging platforms:
Users must opt-in to receive messages.All opt-in data and consent must be verifiable. You must include opt-out language such as “Reply STOP to unsubscribe” in marketing messages.Message frequency must match the disclosures provided at the point of opt-in.“Message and data rates may apply” must be disclosed.
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected].
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our privacy policy.
We do not guarantee message delivery, and carriers are not liable for delayed or undelivered messages.
4. Client Responsibilities
As our client, you agree to:
Provide accurate and lawful information. Be responsible for securing any necessary consents and legal approvals.Use our services ethically and in line with industry standards.
5. Payment Terms
All payments for services are due as agreed in your service proposal or invoice. Late payments may incur additional fees. We reserve the right to suspend service for nonpayment.
6. Intellectual Property
All materials we create for you—including campaigns, strategies, graphics, and content—remain the intellectual property of Lobsang Solutions LLC until payment is received in full. Upon full payment, ownership of custom-created content may be transferred as agreed in writing.
7. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement, unless disclosure is required by law or consented to in writing.
8. Limitation of Liability
We provide our services “as is” and disclaim all warranties. Lobsang Solutions LLC is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our Services.
9. Termination
We may terminate or suspend services if you breach these Terms. Upon termination, you must cease all use of our materials and return or destroy any confidential information.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law provisions.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be posted on our website and become effective upon posting.
12. Contact Us
For any questions about these Terms, please contact us:
📧
1 (844) 484-3939
I. Definitions and Acceptance
1.1. Parties:
"Agency" / "Provider": Refers to Lobsang Solutions LLC, a Texas entity.
"Client" / "Customer": Refers to the small business, contractor, or entity subscribing to the Services.
1.2. Agreement: These Terms of Service (ToS), along with any executed Order Form or Statement of Work (SOW), constitute the entire binding agreement between the parties. By accepting an Order Form or accessing the Service, the Client agrees to be bound by these ToS.
1.3. Services: Consist of two distinct components:
Professional Services (Setup/Integration): The one-time consultancy, customization, data migration, and technical configuration of the CRM platform.
SaaS Subscription (The Service): The ongoing, recurring access to and use of the white-labeled CRM platform and related features.
II. Professional Services (Setup & Integration)
2.1. Scope and Fees: The specific scope of work, timeline estimates, and the one-time Setup/Integration Fee are detailed in the applicable SOW or Order Form.
2.2. Variable Duration and Client Dependency: The timeline and successful completion of the Professional Services are estimates only and are expressly contingent upon the Client's timely and complete performance of its obligations. These obligations include, but are not limited to, providing all required data, materials, access credentials, timely feedback, and designated personnel resources (e.g., project leads, subject matter experts).
Agency is not liable for any delays, cost overruns, or failure of the Professional Services to meet estimated completion dates that result, directly or indirectly, from the Client's delay, failure to provide necessary resources on time, or failure to provide accurate information. Any such Client-caused delays may result in additional charges at the Agency’s standard hourly consulting rate.
2.3. Acceptance: Upon completion of the Professional Services milestone(s) defined in the SOW, the Client will have a set period (e.g., five business days) to review and accept the work. Failure to provide written rejection within this period constitutes deemed acceptance.
III. SaaS Subscription, Billing, and Termination
3.1. Subscription Term and Fees: The Client agrees to pay the recurring Subscription Fees as outlined in the Order Form. The subscription term begins upon acceptance of the Professional Services or the Go-Live date, whichever is earlier.
3.2. Automatic Renewal (Auto-Subscription): THE CLIENT EXPRESSLY AGREES THAT THE SUBSCRIPTION WILL AUTOMATICALLY RENEW for successive billing periods (e.g., monthly, annually) at the then-current standard rates unless canceled in accordance with Section 3.3.
3.3. Cancellation Policy and Notice Period: The Client may terminate the SaaS Subscription only by providing written notice of cancellation at least one (1) full month (30 days) in advance of the next scheduled billing date.
Example: If the billing date is the 15th of the month, the notice must be received no later than the 15th of the preceding month to avoid the next charge. Cancellation notice received less than one month in advance will result in the Client being charged for the next full billing cycle.
3.4. Non-Refundable Fees: All one-time Setup/Integration Fees are non-refundable. All Subscription Fees paid for the current or upcoming billing cycle are non-refundable, regardless of usage or the date of cancellation notice.
IV. Governing Law and Dispute Resolution
4.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Austin State of Texas, without regard to its conflict of laws principles.
4.2. Exclusive Venue (Crucial Jurisdiction Clause):
Any and all disputes, claims, or controversies arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, shall be exclusively settled in the state or federal courts located in Travis County, Texas. Both parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
V. Limitation of Liability and Indemnification
5.1. Limitation of Liability: To the maximum extent permitted by applicable law, the Agency (Lobsang Solutions LLC) shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including, but not limited to, lost profits, lost revenue, lost data, or business interruption, arising from or in connection with the Services or this Agreement. The Agency's total cumulative liability for any claim arising out of this Agreement shall in no event exceed the total fees paid by the Client to the Agency in the three (3) months immediately preceding the event giving rise to the claim.
5.2. Client Indemnification: The Client shall indemnify, defend, and hold harmless the Agency from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
The Client's use or misuse of the Service.
Any claim that the Client Data or Client's business practices violate any third-party rights or applicable laws.
The Client’s breach of any term of this Agreement.
VI. Intellectual Property and Data
6.1. Platform Ownership: The Client acknowledges that the underlying CRM platform and its core software (the "SaaS") are proprietary and owned by the Agency's third-party vendor. The Client is only granted a limited, non-exclusive, non-transferable license to use the SaaS during the active Subscription Term.
6.2. Client Data: The Client retains all right, title, and interest in and to its own data input into the Service ("Client Data"). The Client grants the Agency a license to use the Client Data solely for the purpose of providing the Services.
🔒 VII. Acceptable Use Policy (AUP)
This policy governs the use of the SaaS Subscription and Professional Services provided by Lobsang Solutions LLC. The Client agrees not to use the Services to transmit, distribute, or store any content or conduct any activity that is illegal, harmful, or interferes with the operation of the Service.
7.1. Prohibited Content
The Client shall not use the Service to upload, post, email, or otherwise transmit any content that:
Is Illegal or Harmful: Promotes or facilitates illegal acts (e.g., fraudulent schemes, phishing, money laundering) or is defamatory, harassing, or threatening.
Violates IP Rights: Infringes upon the intellectual property rights (including copyrights, trademarks, and patents) of any third party.
Contains Malware: Transmits any code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment (e.g., viruses, worms, Trojan horses).
Is Obscene or Abusive: Contains nudity, pornography, or is excessively violent, hateful, or racially/ethnically/otherwise objectionable.
7.2. Prohibited Activities (Crucial for CRM/Marketing)
The Client shall not use the Service to conduct any of the following activities:
Spamming: Sending unsolicited bulk commercial email (Spam) or SMS messages in violation of applicable laws (such as the CAN-SPAM Act or TCPA). All recipients must have explicitly opted-in to receive communications from the Client.
Unauthorized Access/Hacking: Attempting to gain unauthorized access to the Service, accounts, or computer systems/networks connected to the Service.
Misrepresentation: Falsifying identifying information, including but not limited to, the origin of email or transmission headers (e.g., forging IP addresses or email sender information).
Denial of Service (DoS): Engaging in activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
High-Risk Use: Using the Service in a way that, in the Agency's sole judgment, creates an excessive burden or threatens the stability of the platform, or for any application where the failure of the Service could lead to death, personal injury, or catastrophic property damage.
7.3. Enforcement and Suspension
Right to Monitor: Lobsang Solutions LLC reserves the right, but not the obligation, to monitor the use of the Service to ensure compliance with this AUP.
Breach: Any breach of this AUP is considered a material breach of the entire Terms of Service.
Immediate Suspension/Termination: The Agency may immediately suspend or terminate the Client’s access to the Service, without notice or liability, if the Agency reasonably suspects the Client has violated any provision of this AUP, particularly concerning spamming, illegal activity, or platform integrity.
🔒 VIII. Data Security and Privacy
8.1. Client Data and Processing
Data Ownership: The Client retains all ownership, right, and title to all data submitted to the Service (Client Data).
Data Processing: The Client instructs the Agency to process Client Data only for the purpose of providing the Services under this Agreement.
Client Responsibility: The Client is solely responsible for the accuracy, quality, and legality of Client Data, and for ensuring the data was collected in compliance with all applicable laws, including those related to privacy and data protection (e.g., obtaining necessary consents).
8.2. Security Measures
Security Commitment: The Agency shall maintain commercially reasonable and appropriate technical and organizational measures designed to protect Client Data against unauthorized access, use, or disclosure.
Security Scope: These measures include, where appropriate, controls for security management, system access, data transmission, and incident response.
No Guarantee: The Agency cannot guarantee that the security measures will prevent all security breaches, and the Agency shall not be liable for unauthorized access to Client Data caused by factors outside of the Agency's reasonable control.
8.3. Compliance and Privacy Policy
Privacy Policy Reference: Use of the Service is also governed by the Agency’s separate Privacy Policy (e.g., as referenced on your web page at https://lobsangsolutions.com/privacy-policy), which outlines how the Agency collects and uses personal information. The Client agrees to adhere to the terms of the Privacy Policy.
Security Incident: In the event of a confirmed security incident impacting Client Data, the Agency will notify the Client without undue delay and provide reasonable assistance to mitigate the effects of the incident, in accordance with applicable legal requirements.
