These Terms of Service (the “Terms”) are a binding agreement between you and LotBench (“LotBench,” “we,” “us,” or “our”), a sole proprietorship operated in the State of Vermont, USA. They govern your access to and use of the LotBench website, application, and related services (together, the “Service”).
1. Acceptance of these Terms
By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you use the Service on behalf of a business, you represent that you have authority to bind that business, and “you” refers to both you and the business. If you do not agree to these Terms, do not use the Service.
2. The Service
LotBench is a customer relationship management (CRM) platform built for outdoor service contractors, such as line striping, sealcoating, and other pavement and property maintenance businesses. The Service includes tools for managing clients and properties, preparing quotes, scheduling visits, invoicing, collecting online payments, and sending business email such as quotes, invoices, payment reminders, and review requests. We may add, change, or remove features from time to time.
3. Accounts and eligibility
To create and maintain an account, you must:
- be at least 18 years old;
- use the Service for business purposes, not personal or household purposes;
- provide accurate registration information and keep it current; and
- keep your login credentials confidential. You are responsible for all activity that occurs under your account, and you should notify us promptly at support@lotbench.com if you suspect unauthorized use.
At this time, each account supports one company. If you operate multiple companies, you will need a separate account for each.
4. Plans, billing, and cancellation
LotBench currently offers a Free plan ($0) and a Pro plan ($29/month, billed monthly). A Crew plan is planned for a later date. Paid subscriptions are billed monthly in advance and renew automatically until cancelled.
- Cancellation. You may cancel a paid plan at any time. Cancellation takes effect at the end of your current billing period; you keep paid features until then.
- No prorated refunds. We do not provide refunds or credits for partial billing periods, including when you cancel mid-period or downgrade.
- Price changes. We may change subscription prices with at least 30 days’ notice by email or in the app. Continued use of a paid plan after the new price takes effect constitutes acceptance of the new price.
5. Platform fee on online payments
When your customers pay you online through the Service, LotBench charges a platform fee of 0.75%of each payment processed through your connected Stripe account. This fee is deducted automatically from your proceeds before payout and applies on every plan, in addition to Stripe’s own processing fees. The platform fee is also disclosed on our pricing page. Payments you record manually (for example, cash or checks collected in person) do not incur a platform fee.
6. Payment processing and disclaimers
Online payments are processed by Stripe through Stripe Connect. To accept online payments, you must create and maintain your own Stripe account and agree to Stripe’s applicable terms, including the Stripe Connected Account Agreement. Stripe’s terms govern payment processing; LotBench does not hold, control, or transmit your funds.
LotBench is a software provider only. We are not a party to any contract, quote, invoice, or transaction between you and your customers, and we do not guarantee that your customers will pay you. Refunds, disputes, and chargebacks are matters between you, your customer, and Stripe. We may surface information in the app to help you respond to a dispute, but we have no obligation to resolve disputes on your behalf.
7. Your customer data and responsibility
You use the Service to store information about your customers, such as names, email addresses, phone numbers, property addresses, and job records (“Customer Data”). As between you and LotBench, you own your Customer Data.
You are responsible for your Customer Data. You represent and warrant that you have the legal right to collect, store, and use it, and to direct us to contact those customers on your behalf, in compliance with applicable law. LotBench processes Customer Data only to provide and improve the Service and does not sell it. You grant us the limited license needed to host, process, transmit, and display Customer Data for those purposes.
8. Acceptable use
You agree not to:
- use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- send spam or any unsolicited commercial messages through the Service;
- interfere with or disrupt the Service, probe or circumvent its security, or access it by any means other than the interfaces we provide;
- reverse engineer, decompile, or attempt to extract the source code of the Service, except where that restriction is prohibited by law; or
- resell, sublicense, or provide the Service to third parties as a service bureau.
9. Email sent on your behalf
The Service sends email on your behalf, such as quotes, invoices, payment reminders, and review requests. Automated messages include an opt-out link, and we honor opt-outs; you must not attempt to circumvent them. You are responsible for the content of messages sent at your direction and must not use the Service to send unlawful, deceptive, or unsolicited email. You agree to comply with applicable email and marketing laws, including the CAN-SPAM Act where it applies.
10. Service availability
We work to keep LotBench fast and reliable, but the Service is provided on an “as is” and “as available” basis. We do not offer an uptime service-level agreement (SLA) on the Free or Pro plans at this time. The Service may be temporarily unavailable for maintenance, updates, or reasons beyond our control.
11. Intellectual property
LotBench and its licensors own all right, title, and interest in the Service, including its software, design, and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service for your business while your account is active. These Terms do not transfer any LotBench intellectual property to you. If you send us feedback or suggestions, we may use them without restriction or obligation to you. Your Customer Data remains yours, as described in Section 7.
12. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your account if you violate these Terms, if required by law, or if we discontinue the Service; where practical, we will give you notice first. Before your data is deleted, you may request an export of your Customer Data by contacting support@lotbench.com. After account closure, we may delete your data following a reasonable retention period, except where the law requires us to keep it. Sections that by their nature should survive termination (including Sections 7, 11, 13, 14, and 15) will survive.
13. Disclaimers and limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE FULLEST EXTENT PERMITTED BY LAW, LOTBENCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS. LOTBENCH’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO LOTBENCH IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless LotBench and its owner from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Data, your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party, including your customers.
15. Governing law
These Terms are governed by the laws of the State of Vermont, USA, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Vermont, and you consent to their jurisdiction.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or in the app before the changes take effect. The “Last updated” date above reflects the most recent revision. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
17. Contact
Questions about these Terms? Email us at support@lotbench.com.