Terms of Service
The terms and conditions governing Lucitech's website design, hosting, and related services.
These Terms of Service ("Terms") govern your use of the website design, hosting, and related services ("Services") provided by Lucitech LLC ("Lucitech," "we," "us," or "our"), a Florida limited liability company. By purchasing or using our Services, you ("Client," "you," or "your") agree to be bound by these Terms.
If you do not agree to these Terms, do not purchase or use our Services.
1. Definitions
- "Site" means the website design, code, layout, structure, content, and any other materials created by Lucitech for the Client and hosted on Lucitech's platform.
- "Platform" means Lucitech's proprietary hosting, design, and management infrastructure.
- "Temporary Domain" means a subdomain in the format
[sitename].lucitech.netassigned to a Site prior to attachment of a production domain. - "Production Domain" means any domain name attached to the Site other than a Temporary Domain.
- "Revision Cycle" means a single round of Client-requested changes to the Site delivered by Lucitech.
- "Agent Service" means Lucitech's automated communication system used by Clients to request updates and changes.
2. Services
Lucitech provides managed website design and hosting Services for small businesses. Standard pricing is $100 setup + $50/month with no long-term contract required. Additional services, including logo design and accelerated delivery, are available for separate fees.
All Sites are designed to operate exclusively on Lucitech's Platform. Lucitech does not provide self-hosted websites, source code delivery, or migration-out services.
3. Fees and Payment
3.1 Standard Fees
- Setup Fee: $100 (one-time, charged at purchase)
- Monthly Service Fee: $50/month (recurring)
3.2 Billing
The setup fee and first month of service are charged at the time of purchase. Subsequent monthly fees recur on the same calendar day each month.
3.3 Prepayment Limit
Clients may not prepay more than the setup fee and the first month of service. Lucitech does not accept prepayments for additional months in advance.
3.4 Late Payment
If a monthly payment fails and is not remediated within fourteen (14) days, the Site will be suspended and a $100 reactivation fee will apply to restore service. Continued non-payment beyond suspension may result in termination of Services and permanent removal of the Site.
4. Money-Back Guarantee
Lucitech offers a limited money-back guarantee on the setup fee and first month of service, subject to all of the following conditions:
4.1 Eligibility Window
The guarantee is valid for seven (7) calendar days following delivery of the first draft of the Site. After this window expires, no refund is available.
4.2 Pre-Domain Requirement
The guarantee is only available while the Site is hosted under a Temporary Domain. Once any Production Domain is attached to the Site, the money-back guarantee is permanently waived, regardless of whether the seven-day window has elapsed.
4.3 Revision Requirement
A refund request will only be honored if the Client has accepted and engaged in at least three (3) Revision Cycles within the seven-day window. The Client may not unreasonably delay or refuse to participate in Revision Cycles. Failure to respond to Lucitech's revision communications does not extend the seven-day window.
4.4 What Is Refundable
- The $100 setup fee, and/or
- The first month of service ($50), if prepaid
4.5 What Is Not Refundable
- Logo design services (see Section 7)
- Premium charges for accelerated delivery, except as provided in Section 5.2
- Any other one-time service fees
- Any monthly service fees beyond the first month
4.6 Consequence of Refund
Upon issuance of a refund, the Site will be taken offline and permanently removed from Lucitech's Platform. The Client receives no access to the Site, its source code, its design, its assets, or any associated files. See Section 6 regarding prohibited reuse.
5. Accelerated Delivery
5.1 Standard and Accelerated Delivery
The standard delivery timeline for the first draft of a Site is fourteen (14) calendar days from purchase. Lucitech may offer accelerated delivery options (for example, 48-hour delivery) for an additional premium fee. Available accelerated options and pricing may change at Lucitech's discretion.
5.2 Failure to Meet Accelerated Delivery
If Lucitech is unable to deliver the first draft within the timeframe guaranteed by a purchased accelerated delivery option, Lucitech will refund the premium portion of the accelerated delivery charge (the amount paid above the standard setup fee). The standard setup fee and Services themselves remain non-refundable under this provision; the money-back guarantee in Section 4 is governed separately.
5.3 No Setup Refund on Accelerated Purchases
Purchase of any accelerated delivery option does not waive the money-back guarantee in Section 4, but the refund of the accelerated premium under Section 5.2 is the Client's exclusive remedy for missed accelerated delivery deadlines.
6. Intellectual Property and Site Ownership
6.1 Lucitech Retains Ownership of the Site
The Site, including its design, layout, code, structure, and any non-Client-provided assets created by Lucitech, is and remains the exclusive property of Lucitech LLC. The Client is granted a limited, non-exclusive, non-transferable license to use the Site solely while their Services remain active and in good standing.
6.2 Prohibition on Reuse and Re-Hosting
The Client may not, under any circumstances, copy, mirror, scrape, export, re-host, reproduce, or otherwise reuse the Site, its design, its code, or any portion of Lucitech's work on any platform, server, or service other than Lucitech's Platform. This prohibition applies during the term of Services and indefinitely after termination.
This includes, without limitation:
- Hosting the Site or any derivative on a third-party hosting provider
- Recreating the Site's design on another platform
- Extracting design elements, layouts, or code for use elsewhere
- Providing the Site or its components to any third party for reuse
Violation of this Section constitutes a material breach of these Terms and infringement of Lucitech's intellectual property rights, and may result in legal action including injunctive relief and damages.
6.3 Client-Owned Content
The Client retains ownership of any content, copy, images, logos, trademarks, or other materials they provide to Lucitech, and logo files delivered through Lucitech's Logo Design Service (see Section 7).
6.4 Licensed Use During Service
During the term of active Services, the Client may use copy written by Lucitech and design elements created for their Site on the Site itself. This license terminates immediately upon cancellation, suspension, or termination of Services.
6.5 Lucitech's License to Client Content
By providing content to Lucitech, the Client grants Lucitech a non-exclusive license to use, reproduce, modify, and display that content solely for the purpose of providing the Services.
7. Logo Design Service
7.1 Deliverables
Each purchased round of logo design produces five (5) PNG files. The Client may select one logo for use on the Site, and all five files are delivered to and owned by the Client.
7.2 Additional Rounds
The Client may purchase additional rounds of logo design as desired. Each round is a separate purchase.
7.3 No Refund
Logo design fees are non-refundable once design work has commenced, including under the money-back guarantee in Section 4.
8. Updates and Major Changes
8.1 Unlimited Updates
The $50/month service fee includes unlimited updates to the Site requested via text message to Lucitech's Agent Service, subject to the limitations below.
8.2 Major Change Fee
Requests that exceed the capabilities of the Agent Service are classified as "Major Changes" and incur a $100 fee per change. Lucitech, in its sole discretion, determines whether a request is a Major Change. Examples include, but are not limited to:
- Full Site redesigns
- Reimplementation of multiple pages
- Implementation of JavaScript features or interactive functionality not expressible through a basic text prompt
- Custom integrations with third-party services
- Complex design changes requiring manual intervention
This list is illustrative and not exhaustive.
9. Support and Uptime
9.1 Support Response Time
Lucitech will provide a first response to Client support inquiries within twenty-four (24) hours. This commitment applies to first response only and does not guarantee resolution time.
9.2 Uptime Guarantee
Lucitech targets 99.99% uptime ("four nines") for hosted Sites, measured monthly and excluding scheduled maintenance.
9.3 Uptime Remediation
If the Client believes the Site fell below the uptime guarantee in a given month, the Client may submit a written request for remediation. If verified by Lucitech, the remedy is a service credit or refund equal to two times (2x) the prorated value of the documented downtime. This is the Client's sole and exclusive remedy for downtime.
9.4 Exclusions
The uptime guarantee does not cover downtime, performance issues, or failures caused by services, systems, or events outside Lucitech's direct operational control. Excluded events include, without limitation, third-party service failures, network or upstream provider outages, DNS issues outside Lucitech's registrar, DDoS attacks, force majeure events, and any issues caused by the Client.
10. Domain Names
10.1 Bring Your Own Domain
Clients may use a domain they already own at no additional cost. The Client is responsible for configuring DNS as directed by Lucitech.
10.2 Lucitech-Purchased Domains
If Lucitech purchases a domain on behalf of the Client as part of a package, the domain will be registered and maintained in Lucitech's registrar account.
10.3 Transfer Out Fee
If the Client wishes to transfer a Lucitech-purchased domain to their own registrar, a $50 transfer-out fee applies. This fee covers the administrative time required to complete the transfer.
11. Acceptable Use
11.1 Prohibited Content
The following content is prohibited on any Site hosted by Lucitech:
- Adult content, including pornography or sexually explicit material
- Illegal content under applicable federal, state, or local law
11.2 Reputation Protection
Lucitech reserves the right to remove, suspend, or terminate any Site that, in Lucitech's sole judgment, negatively impacts the reputation of Lucitech's IP pool, mail-sending infrastructure, hosting platform, or business. This includes, without limitation, Sites that generate spam complaints, abuse reports, blacklist entries, or excessive complaints from third parties.
11.3 Lucitech's Discretion on Complaints
If Lucitech receives a complaint regarding a Client's Site or content, Lucitech may, in its sole discretion: defend the Client's right to operate the Site; require the Client to modify or remove the offending content; suspend the Site pending review; or terminate Services. Lucitech is not obligated to defend a Client against any complaint and is not liable for any action it elects to take in response to a complaint.
12. Client Responsibilities
12.1 Content Accuracy
The Client is solely responsible for the accuracy, legality, and compliance of all content displayed on the Site. The Client occupies the position of final reviewer and must verify that all copy, claims, statements, prices, contact information, and representations are accurate, truthful, lawful, and do not make invalid or illegal claims.
12.2 Regulatory Compliance
The Client is responsible for ensuring the Site complies with any laws or regulations applicable to their industry, including (where applicable) HIPAA, FTC advertising rules, professional licensing disclosures, accessibility standards, consumer protection laws, and any industry-specific requirements.
12.3 No Reliance on Lucitech
Lucitech does not provide legal, regulatory, medical, financial, or professional advice. The Client may not rely on Lucitech to identify or correct legal or regulatory issues in their content.
13. Suspension and Termination
13.1 Client Termination
The Client may cancel monthly Services at any time by notifying Lucitech. Cancellation takes effect at the end of the current paid billing period. No refunds are provided for partial months.
13.2 Lucitech Termination
Lucitech may suspend or terminate Services immediately, with or without notice, for:
- Violation of these Terms
- Non-payment beyond the grace period in Section 3.4
- Activity prohibited under Section 11
- Any conduct that, in Lucitech's judgment, harms or threatens to harm Lucitech, its Platform, its infrastructure, its reputation, or other clients
13.3 Effect of Termination
Upon termination for any reason, the Site will be taken offline. The Client's license to use the Site (Section 6.1) terminates immediately. Client-owned content (Section 6.3) will be made available for download upon written request within thirty (30) days of termination; thereafter, Lucitech is under no obligation to retain it.
14. Warranty Disclaimer
THE SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LUCITECH DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
LUCITECH MAKES NO GUARANTEE REGARDING: BUSINESS OUTCOMES, REVENUE, LEADS, CUSTOMERS, OR SALES; SEARCH ENGINE RANKINGS, SEO PERFORMANCE, OR VISIBILITY; WEBSITE TRAFFIC, CONVERSION RATES, OR USER ENGAGEMENT; COMPATIBILITY WITH ANY SPECIFIC THIRD-PARTY SERVICE, PLUGIN, OR SYSTEM; OR RESULTS FROM ANY MARKETING, DESIGN, OR CONTENT CHOICES.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUCITECH'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO LUCITECH IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL LUCITECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).
16. Indemnification
The Client agrees to indemnify, defend, and hold harmless Lucitech, its members, officers, employees, contractors, and agents from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Content the Client provides or approves for use on the Site
- The Client's use of the Services
- The Client's violation of these Terms
- The Client's violation of any law or third-party right (including intellectual property, privacy, or publicity rights)
- Any claims made about the Client's products, services, business, or representations on the Site
17. Dispute Resolution
17.1 Mediation and Arbitration Required
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through mediation, and if mediation fails, binding arbitration. The Client agrees not to file any lawsuit in any court for any matter covered by this Section, except to enforce an arbitration award.
17.2 Client Bears Costs
The Client shall bear all costs and fees associated with mediation and arbitration, including filing fees, mediator and arbitrator fees, administrative fees, and the Client's own attorneys' fees. Lucitech shall not be liable for any of the Client's legal fees, mediation costs, arbitration costs, or related expenses, regardless of outcome.
17.3 Venue
Mediation and arbitration shall be conducted in Pinellas County, Florida, unless the parties mutually agree otherwise in writing.
17.4 Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
17.5 Waiver of Jury Trial and Class Action
To the maximum extent permitted by law, the Client waives any right to a jury trial and any right to participate in a class action, collective action, or representative proceeding against Lucitech.
17.6 Injunctive Relief Exception
Notwithstanding the foregoing, Lucitech may seek injunctive or equitable relief in a court of competent jurisdiction in Pinellas County, Florida, to enforce its intellectual property rights, including without limitation the prohibitions in Section 6.2.
18. Privacy
Lucitech's collection, use, and handling of personal information is governed by our Privacy Policy, available at lucitech.net/privacy. By using the Services, the Client consents to the practices described in the Privacy Policy.
19. Modifications to These Terms
Lucitech may modify these Terms at any time. Material changes will be communicated to the Client by email to the address on file or by posting on lucitech.net, at Lucitech's discretion. Continued use of the Services after the effective date of any modification constitutes acceptance of the revised Terms. If the Client does not agree to a modification, the Client's exclusive remedy is to cancel Services pursuant to Section 13.1.
20. Miscellaneous
20.1 Force Majeure
Lucitech is not liable for any delay or failure to perform caused by events outside its reasonable control, including without limitation natural disasters, acts of war or terrorism, civil unrest, governmental actions, labor disputes, power outages, internet or telecommunications failures, cyberattacks, pandemics, or any other force majeure event.
20.2 Assignment
The Client may not assign or transfer these Terms or any rights or obligations under them without Lucitech's prior written consent. Lucitech may assign these Terms to any successor entity, affiliate, or acquirer of its business or assets without notice or consent.
20.3 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.
20.4 No Waiver
No failure or delay by Lucitech in exercising any right under these Terms constitutes a waiver of that right.
20.5 Entire Agreement
These Terms, together with any order forms, purchase confirmations, and the Privacy Policy, constitute the entire agreement between the Client and Lucitech regarding the Services and supersede any prior agreements, communications, or understandings.
20.6 Notices
Notices to Lucitech shall be sent to the contact information below. Notices to the Client shall be sent to the email address on file.
20.7 Headings
Section headings are for convenience only and do not affect interpretation.
21. Contact
Lucitech LLC
Gulfport, Florida
Website: lucitech.net
By purchasing or using Lucitech Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.