End User License Agreement

This End User License Agreement ("EULA") is a binding legal agreement between you, as an individual or entity, and Lodi. By downloading, installing, or using this application for Android, iOS or other mobile platform, as applicable (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to this EULA, do not use the Software and delete it. You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by this EULA.

For clarification, any Lodi service (“Lodi Service”) accessed through the Software, or otherwise, is also subject to the Lodi User Agreement and Privacy Policy. Additional terms may apply to specific features. The Software is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or any Lodi Service within an organization requires a commercial agreement for the applicable Lodi Service.  

You are entering into this contract with Lodi LLC (“Lodi LLC”) and Lodi LLC will be the controller of your personal data provided to, or collected by or for, or processed in connection with the Software or Lodi Service. 

  1. Description of Software

    The Software is a downloadable software application that enables you to access Lodi functionality directly from your Android, iPhone, iPad or other mobile device supported by Lodi (“Device”). You may download the Software whether or not you use the Lodi Service, but you must associate it with your Lodi account to enable its full functionality.

  2. License

    Lodi hereby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable personal license to:

    • Use the Software for your own personal use

    • Install the Software on only one Device; and

    • Make one copy of the Software in any machine-readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.

    For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.

  3. Title

    Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with Lodi. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.

  4. Restrictions

    You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

    You may not:

    • Create derivative works based on the Software;

    • Use the Software for any purpose other than as described herein;

    • Copy or reproduce the Software except as described in this EULA;

    • Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;

    • Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or

    • Remove or alter any proprietary notices or marks on the Software.

  5. Personal Information and Privacy

    Our handling of personal information we collect through the Lodi Services or the Software is governed by the Lodi Privacy Policy.

  6. No Warranty

    LODI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. LODI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

  7. Right to Terminate and Modify Software

    Lodi may modify the Software and this EULA without notice. You may cease use of the Software at any time. Either party may terminate this EULA at any time, with or without notice.

  8. U.S. Government Restriction Rights

    By accepting delivery, the government agrees that the Software and accompanying documentation qualifies as “commercial” computer software within the meaning of the applicable acquisition regulations. The terms and conditions of this EULA govern the government's use and disclosure of the Software and supersede any conflicting terms and conditions. If this EULA fails to meet the government's needs or is inconsistent in any way with federal law, the government must return the Software, unused, to Lodi.

  9. Indemnification

    To the fullest extent permitted by law, you agree to indemnify and otherwise hold harmless Lodi LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.

  10. Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT LODI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LODI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL LODI'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO LODI. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  11. Export Restrictions

    This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export of software from the United States of America, and may be subject to export and import regulations of other countries. You acknowledge and agree not to import, export, re-export, transfer or use, directly or indirectly, the Software without compliance with such laws, regulations, orders or other restrictions.

  12. General

    This EULA constitutes the entire agreement between you and Lodi regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Lodi, Lodi (stylized), the "in" logos, and other Lodi-owned logos and names are trademarks of Lodi and its affiliates. You agree not to display or use these trademarks in any manner without Lodi's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.

  13. Content moderation

    1. General Principles

    • Respect and Dignity: All content must respect the dignity and rights of all individuals and groups.

    • Legal Compliance: All content must comply with local, state, national, and international laws and regulations.

    2. Prohibited Content

    • Hate Speech: Any content that promotes violence or hatred against individuals or groups based on race, ethnicity, religion, disability, gender, age, sexual orientation, or any other characteristic.

    • Violence and Threats: Content that contains or promotes violence, threats, harassment, or any form of intimidation.

    • Nudity and Sexual Content: Explicit sexual content, nudity, and any material that is sexually suggestive or pornographic.

    • Discriminatory Content: Content that discriminates, insults, or demeans individuals or groups.

    • Self-Harm and Suicide: Content that encourages, promotes, or glorifies self-harm, suicide, or eating disorders.

    • Illegal Activities: Content that promotes or depicts illegal activities, including drug use, human trafficking, and other criminal activities.

    • Spam and Scams: Content that is misleading, deceptive, fraudulent, or spam.

    • Graphic Content: Content that is excessively violent or graphic, including images or descriptions of serious physical harm, mutilation, or torture.

    • Intellectual Property Infringement: Content that infringes on the intellectual property rights of others, including copyrights, trademarks, and patents.

    3. User-Generated Content

    • Reviews and Comments: Users must refrain from posting reviews or comments that include prohibited content.

    • Photos and Videos: Users must not upload photos or videos that contain prohibited content.

    4. Reporting and Enforcement

    • Users can report content and users that believe violate this EULA using the report a user function.

    • We regularly review reported content and take appropriate action, which may include removal of the content, suspension, or banning of the offending user.

    • Users can appeal if they believe their content was removed in error

    5. Manual Review

    • Manual Review: A team of moderators manually review content

    6. Regular Updates

    • Policy Review: Regularly review and update the content guidelines to address new issues and improve the overall user experience.