Terms of Service & Software License Agreement

1. Company Information

LRD Apps LLC · 1000 S Main St Unit 407 · Council Bluffs, IA 51503 · Email: Lucille.Rae@gmail.com · Website: https://LucilleRaeDesign.com

2. About LRD Apps

LRD Apps LLC is a software company that develops, licenses, implements, and supports cloud-based business management software for businesses. Depending on the services selected, the Platform may include appointment scheduling, online booking, online ordering, CRM, loyalty and rewards programs, membership management, gift cards, mobile applications, administrative dashboards, employee management, reporting and analytics, marketing tools, push notifications, inventory management, point-of-sale integrations, payment integrations, multi-location management, digital forms, customer communications, and additional software modules introduced from time to time. Platform features vary by customer, package, and industry.

3. Eligibility

The Platform is intended for use by businesses and authorized business representatives. By using the Platform, you represent that you have authority to bind your business, all information provided is accurate, you will comply with all applicable laws, and you are at least 18 years old.

4. Software License

LRD Apps grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for Client’s internal business operations. This license does not transfer ownership of any software or intellectual property. LRD Apps reserves all rights not expressly granted.

5. Client Accounts

Client is responsible for maintaining account security, protecting login credentials, authorizing employee access, and all activity occurring under Client’s account. Employees may access the Platform only as authorized by the Client.

6. Services

Services may include software implementation, platform configuration, branding, mobile application setup, data migration, training, professional consulting, custom development, and ongoing software support. Specific services are governed by each Client’s individual Service Agreement.

7. Implementation Fees

Implementation fees cover onboarding and initial platform configuration. Unless otherwise agreed in writing, implementation fees are non-refundable, work begins after payment is received, and custom work may require additional fees.

8. Payment Terms

Clients agree to pay all applicable fees described in their Service Agreement. Payments are due according to invoice terms. Failure to pay may result in suspension of services, suspension of Platform access, or termination of this Agreement. Clients remain responsible for all unpaid amounts.

9. Payment Processing

LRD Apps offers integrated payment processing through authorized payment processing partners. Merchant account approval, underwriting, funding schedules, reserves, transaction processing, chargebacks, and payment processing services are provided by designated partners and governed by separate merchant processing agreements. Approval is subject to underwriting and risk review. LRD Apps does not guarantee merchant account approval. Clients remain responsible for complying with all applicable payment processing requirements. LRD Apps may determine whether continued Platform access is available if a Client elects not to utilize its designated payment processing partner.

10. Chargebacks and Taxes

Client is solely responsible for chargebacks, payment disputes, card network assessments, fraud losses, processor fines, penalties, and compliance violations. Client is also responsible for all applicable taxes associated with services provided under this Agreement, excluding taxes imposed on LRD Apps’ income.

11. Intellectual Property and Client Data

LRD Apps owns all right, title, and interest in its software, source code, APIs, documentation, Platform architecture, workflows, mobile applications, trademarks, logos, reports, designs, improvements, enhancements, derivative works, and custom software developed by LRD Apps unless expressly transferred by written agreement. Client retains ownership of its business information and customer data. LRD Apps retains ownership of Platform architecture, databases, software, analytics, and Platform improvements, and may use anonymized and aggregated information to improve its software and services.

12. Data Retention and Acceptable Use

Following termination, Clients may request an export of available business data within thirty (30) days. After thirty (30) days, LRD Apps may permanently delete Client data without further obligation. Client agrees not to violate any law, upload malicious software, reverse engineer the Platform, circumvent security features, interfere with Platform operations, infringe intellectual property rights, or use the Platform for fraudulent or unlawful activity. LRD Apps may suspend accounts violating this section.

13. Communications, HIPAA, and Third-Party Services

The Platform may provide email communications and push notification capabilities. Client is solely responsible for obtaining required permissions and complying with laws governing marketing and electronic communications, including the CAN-SPAM Act. Unless expressly agreed in a separate written Business Associate Agreement, Client remains solely responsible for compliance with HIPAA and healthcare privacy laws. The Platform may integrate with third-party products and services; LRD Apps is not responsible for their availability, pricing, outages, policies, or security practices.

14. Updates, Artificial Intelligence, Support, and Availability

LRD Apps may modify, improve, enhance, replace, or discontinue Platform features at any time; no feature or integration is guaranteed to remain available. AI-generated content may contain errors or inaccuracies, and Client is responsible for reviewing all outputs before relying on them. LRD Apps provides commercially reasonable customer support, which may vary based on subscription level, purchased services, and operational requirements. LRD Apps will use commercially reasonable efforts to maintain Platform availability, but continuous or uninterrupted service is not guaranteed.

15. Termination

Either party may terminate an applicable Service Agreement in accordance with its terms. LRD Apps may immediately suspend or terminate access for non-payment, fraud, illegal activity, material breach of this Agreement, or misuse of the Platform. Upon termination, Client’s license to use the Platform immediately ends.

16. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LRD APPS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

17. Limitation of Liability and Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LRD APPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. LRD APPS’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT TO LRD APPS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Client agrees to defend, indemnify, and hold harmless LRD Apps LLC, its owners, officers, employees, contractors, affiliates, and agents from claims arising from Client’s use of the Platform, violation of this Agreement or law, products or services, customer disputes, or payment processing activities.

18. Force Majeure, Arbitration, and Waivers

LRD Apps shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, cyberattacks, internet outages, utility failures, labor disputes, governmental actions, epidemics, or failures of third-party providers. Any dispute shall be resolved through binding arbitration conducted in Iowa under the rules of the American Arbitration Association or another mutually agreed provider. To the fullest extent permitted by law, all claims must be brought solely on an individual basis, and each party waives any right to participate in class, collective, representative proceedings, or a trial by jury.

19. Governing Law, Changes, Severability, and Entire Agreement

This Agreement is governed by the laws of the State of Iowa, without regard to conflict-of-law principles. LRD Apps may update these Terms from time to time; updated versions become effective upon posting unless otherwise required by law, and continued use constitutes acceptance. If any provision is unenforceable, the remaining provisions remain in full force and effect. These Terms, together with any applicable Service Agreement and incorporated policies, constitute the entire agreement between Client and LRD Apps regarding the Platform.

20. Contact Information

LRD Apps LLC · 1000 S Main St Unit 407 · Council Bluffs, IA 51503 · Lucille.Rae@gmail.com · https://LucilleRaeDesign.com