Website Privacy Protection Terms and Conditions

LOJO Marketing is a marketing and website services provider. LOJO is not a law firm, and the LOJO team are not attorneys. These Terms and the Services described in them are operational, risk-mitigation services. They are not legal advice, do not establish an attorney-client relationship, and are not a guarantee that Client will avoid demand letters, claims, regulatory action or litigation. Whether Client is compliant with any law, and how Client should respond to any legal matter, are questions for a qualified attorney.

These Terms govern the LOJO Privacy Compliance Mitigation and Legal Document Hosting Service, offered as “Website Privacy Protection” (the “Services”), provided by LOJO Group, LLC dba LOJO Marketing (“LOJO”) to the customer that orders the Services (“Client”). By placing an order, completing checkout or otherwise accepting these Terms, Client agrees to them. The website(s), fees and billing details are those Client selects and confirms at checkout (the “Order”).

LOJO provides a done-for-you website privacy service that LOJO installs, configures and manages using a third-party privacy compliance platform that LOJO licenses (the “Platform”). The Services include a consent banner configured to hold non-essential tracking technologies until a visitor provides consent, with rules configured to applicable jurisdictional requirements; creation and ongoing hosting of Client’s website legal pages, which may include a privacy policy, terms of service and, where applicable, warranty and return or refund policies; and an initial audit, setup, configuration and ongoing management. Anything not described in these Terms or Client’s Order is outside scope and may be quoted separately.

LOJO acts as the managing administrator of the Platform on Client’s behalf. Client is not required to maintain a separate account or payment method with the Platform provider while enrolled in an active plan.

The hosted legal pages are automated documents generated from information Client supplies and standard templates. They are not drafted by an attorney and are not a substitute for review by Client’s own counsel. Client is responsible for the accuracy of the information it provides and for reviewing the resulting documents.

The Services cover the website(s) in Client’s Order only. Additional websites are added through a new or amended Order.

Setup. The one-time Setup Fee is due before work begins and is non-refundable once setup work has started.

Term. Following setup, the Services continue month to month and renew automatically each month until canceled.

Cancellation. Either party may cancel by written notice, including by letter or email. A minimum of 30 days written notice is required to cancel and to stop the next automatic renewal.

Pricing changes. LOJO may update the Monthly Service Fee or components with at least 30 days written notice before a renewal.

Ownership and freedom. Client’s website remains Client’s own. Client is free to make changes to its website and to work with any partners or vendors it chooses.

Notice of changes. Client agrees to give LOJO reasonable advance notice of changes to a covered website, particularly new tracking, analytics or advertising scripts, so LOJO can confirm the consent configuration still works. New scripts added outside the LOJO-managed configuration are the most common cause of renewed exposure.

Optional routing of changes. Client may instead route website changes through LOJO, billed at LOJO’s standard website update rates unless Client has an active website retainer.

Accurate information and access. Client will provide accurate, current information for the hosted legal pages, notify LOJO of business changes that affect them, and maintain the access LOJO needs to manage the Services.

Compliance. Client is responsible for ensuring its website and use of the Services comply with the laws that apply to Client, and for determining its legal obligations with its own counsel where appropriate.

The Setup Fee is billed once. The Monthly Service Fee is billed in advance for each upcoming month. A 3% transaction fee applies to card payments and may be waived for payments made by ACH. A late fee may apply to payments not received by the due date.

If payment is not received, LOJO may suspend the Services after a reasonable cure period and on notice. Suspended Services may cause the consent banner and hosted legal pages to stop functioning.

Fees do not include sales, use or similar taxes. Where LOJO is required to collect them, they are added to Client’s charges. Exempt clients must provide a valid exemption certificate.

The Services are a risk-mitigation measure. Consent management of this kind is widely regarded as an effective way to reduce exposure to privacy-related claims, but no measure eliminates risk. LOJO does not guarantee that Client will avoid demand letters, claims, regulatory action or litigation, or that any court, regulator or claimant will treat Client as compliant.

LOJO does not advise Client on whether a claim has merit, whether or how to respond to any legal matter, or whether to settle. Those are matters for Client’s attorney.

The Platform and its software and intellectual property are owned by its provider. Client receives the benefit of the Platform through LOJO’s managed service while enrolled and current, and receives no ownership of or independent license to it.

Client will not copy, modify, reverse engineer, resell, sublicense or attempt to access the source code of the Platform, or circumvent its security or usage controls.

The Platform is provided “as is” and “as available” through LOJO’s managed service. LOJO does not control and is not responsible for the Platform provider’s uptime, performance or availability.

The Services depend on covered websites remaining in the configuration LOJO sets up and manages. Changes made by Client or anyone other than LOJO, including new scripts, tags, analytics or advertising tools, may defeat the configuration and reintroduce exposure. LOJO is not responsible for changes it did not make. When Client gives notice of a change, LOJO will confirm or adjust the configuration; adjustments outside an active retainer are billed at standard rates.

On cancellation, LOJO will remove the consent banner and hosted legal pages it manages, because they are delivered through LOJO’s managed Platform subscription.

On request, LOJO will provide a copy of the then-current text of Client’s hosted legal pages. Client is responsible for replacing the consent mechanism and legal pages after offboarding.

Setup Fees and fees for periods already served are non-refundable. No refunds are issued for partial months.

Client owns the information it provides and may use the final text of its own hosted legal pages. The Platform and LOJO’s configurations, templates, workflows and methods remain the property of the Platform provider or LOJO.

Consent records are maintained on the Platform while the engagement is active and remain Client’s data. On reasonable request, LOJO will help Client retrieve consent records the Platform makes available.

Each party will protect the other’s non-public business information and use it only to provide or receive the Services. This obligation survives termination for two years.

Client is solely responsible for the legality, accuracy and compliance of its website, content, data practices and business operations. LOJO is not liable for demand letters, claims, regulatory action, litigation, fines, settlements or other consequences arising from them, from Client’s changes to its website, or from Client’s failure to follow LOJO’s configuration or recommendations.

Client agrees to indemnify LOJO and LOJO Group, LLC against claims arising from Client’s website, content, data practices, instructions, changes or business operations, or from use of the Services other than as managed by LOJO.

LOJO’s total liability will not exceed the amount Client paid LOJO under these Terms in the twelve months before the event giving rise to the claim. LOJO is not liable for indirect, consequential, incidental, special or punitive damages. The prevailing party in any action to enforce these Terms may recover reasonable attorneys’ fees and costs.

LOJO does not control third-party platforms involved in the Services, including the Platform provider, web browsers, analytics and advertising platforms, hosting, domain and DNS providers, and payment processors. Policy changes, outages or restrictions by third parties are not a breach. LOJO will make reasonable efforts to work through them.

These Terms are governed by the laws of the State of Tennessee. Venue for any dispute lies in Wilson County, Tennessee.

By ordering or completing checkout, Client accepts these Terms, and electronic acceptance is binding. These Terms and Client’s Order are the entire agreement and may be amended only in writing or by an updated version posted by LOJO. LOJO may assign these Terms to a successor. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is unenforceable, the rest remain in effect.