These Terms of Service (“Terms”) are a binding agreement between you and Digital Studio USA LLC (“Lylu,” “we,” “us”) governing your access to and use of the Lylu platform, websites, and related services (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
1. The Service
Lylu is a business-to-business lead-generation and outbound platform. It lets customers search for businesses, obtain associated business contact data through third-party providers, and create and send commercial email campaigns. The Service depends on third-party providers (see our Subprocessors page) and we do not guarantee uninterrupted availability or any particular result.
2. Eligibility & accounts
You must be at least 18 and use the Service only for lawful business purposes. You are responsible for all activity under your account and for keeping your credentials secure. The Service is intended for business use and not for consumers.
3. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. You are solely responsible for the content of messages you send and for complying with all laws applicable to your outreach, including anti-spam laws (e.g. CAN-SPAM, CASL, GDPR/ePrivacy where applicable) and data-protection laws.
4. Lead data & ownership
Lylu aggregates business information from publicly available sources and enrichment providers to build and maintain its proprietary business dataset (the “Lylu Data”). As between you and Lylu, Lylu owns all right, title, and interest in the Lylu Data and the underlying database. We grant you a limited, non-exclusive, non-transferable license to access and use Lylu Data through the Service for your own internal business outreach during your subscription; you may not scrape, mirror, resell, or otherwise redistribute the Lylu Data outside the intended use of the Service. You are responsible for your own use of Lylu Data, including establishing any lawful basis required for your outreach and honoring opt-out and deletion requests directed to you. Personal data you upload yourself remains yours. Our handling of personal data is described in our Privacy Policy.
5. Fees, billing & auto-renewal
Paid plans are billed in advance on a recurring monthly subscription basis through our payment processor, Stripe. Your subscription renews automatically each month and your payment method is charged the then-current plan price until you cancel. You may cancel at any time; cancellation takes effect at the end of the current billing period. Fees and our refund position are described in our Refund & Cancellation Policy. All fees are stated and charged in U.S. dollars (USD) and are exclusive of taxes; where we are required to collect sales, use, VAT, GST, or similar taxes, those amounts will be added to your charges.
6. Intellectual property
We retain all rights in the Service and in the Lylu Data and business database made available through it. We grant you a limited, non-exclusive, non-transferable right to use the Service, and to use Lylu Data for your own internal business purposes, during your subscription. You retain rights in content you create or upload yourself.
7. Disclaimers & limitation of liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We are not responsible for the accuracy of third-party lead data or for the deliverability of your messages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYLU WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND LYLU’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO LYLU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to defend, indemnify, and hold harmless Lylu and its officers, members, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable expenses (including attorneys’ fees) arising out of or relating to: (a) the content of messages you send through the Service; (b) your outreach and the manner in which you obtain, use, or process lead data; (c) your violation of these Terms, the Acceptable Use Policy, or applicable law; or (d) your infringement of any third party’s rights.
9. Suspension & termination
We may suspend or terminate access for violation of these Terms or the Acceptable Use Policy, for non-payment, or where required to protect the Service or third parties.
10. Governing law & disputes
These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws rules. You and Lylu agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to venue and personal jurisdiction there. Each party waives any right to a jury trial and to bring claims on a class or representative basis.
11. Changes & contact
We may update these Terms; material changes will be notified and may require re-acceptance. Questions: support@lylu.ai.