Terms of Service

These terms cover your use of lucive.co and the client portal at lucive.co/portal. Using either one means you accept them. If you do not, do not use the site.

Who we are

Lucive LLC, a company registered in North Carolina, United States, at 301 S McDowell Street, STE 125-1028, Charlotte, NC 28204. Reach us at hello@lucive.co.

What these terms cover, and what they do not

They cover the website and the portal. They do not define the work we do for you. If you are a client and you have signed a proposal or statement of work with us, that document governs the work itself, and wherever the two disagree, the signed document wins.

Camp is a separate product with its own terms, published at camp.lucive.co.

Using the site

Do not:

• Try to reach data that is not yours, including another client's projects or invoices.
• Probe, scan, or attempt to defeat the authentication, rate limiting, or spam controls.
• Scrape the site at a volume that degrades it for anyone else.
• Upload anything malicious, or use the site to break the law.
• Copy the site's design, code, or artwork for use elsewhere.

Ordinary reading, linking to us, and quoting the journal with attribution are all fine.

Portal accounts

Portal access is by invitation only, and we create the accounts. There is no password: signing in sends a one-time code to your email address, which means whoever controls that inbox controls the account. Keep it secure, and tell us straight away if you think someone else has access.

We can suspend or close portal access, for example when a project ends or when an account is being misused. Your right to the deliverables you have paid for is not affected by losing portal access; ask us and we will get you the files.

Ownership

The site itself is ours: the code, the design, the generated terrain artwork, the wordmark, the Lucive and Camp names, and everything written in the journal. You may not reuse those without our written permission.

Work we produce for you is different. Ownership of deliverables transfers as the signed proposal or statement of work says, which is normally on final payment. Until then we retain them.

Anything you send us, in an inquiry, in the portal, or in a file, stays yours. You give us permission to store it and use it to do the work you hired us for, and you confirm you have the right to send it.

Electronic signatures

Proposals are signed in the portal by typing your name and clicking to sign. By doing that you agree to sign electronically under the federal E-SIGN Act and North Carolina's Uniform Electronic Transactions Act, and you agree that the resulting record has the same legal effect as a handwritten signature on paper.

We record the name you typed, the time, the IP address it came from, and the exact version of the document you signed. That record is frozen and cannot be altered afterwards. You can ask us for a copy at any time, and if you would rather sign on paper, email us before you sign and we will arrange it.

Invoices and payment

Invoices are sent by email and are payable by the date shown on the invoice. Payment runs through Stripe's hosted checkout, so your card details go to Stripe and not to us. Prices are in US dollars and exclude any tax we are required to add.

If an invoice goes unpaid past its due date, we may pause work until it is settled. Refunds are handled directly rather than through a button in the portal: write to us and we will sort it out.

Availability

We do not promise the site or the portal will be available without interruption. We take them down for maintenance, providers have outages, and things break. We will not be liable for an interruption, though we will fix what we can.

Journal and other published content

What we publish on the site is general information about how we work. It is not professional advice, and acting on it is your call.

Disclaimer

Except where the law does not allow it, the site and the portal are provided as they are, without warranties of any kind, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Warranties covering work we are hired to do are the ones written into the signed proposal or statement of work.

Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, or consequential damages, or for lost profits or lost data, arising from your use of the site or the portal. Our total liability for any claim relating to the site or the portal is limited to the greater of the amount you paid us in the twelve months before the claim, or 100 US dollars. Liability arising from client work is governed by the signed proposal or statement of work instead.

Governing law

These terms and your use of the site are governed by the laws of the State of North Carolina, without regard to its conflict of law principles.

Disputes

If a dispute comes up, we both agree to try to resolve it informally first: one side sends the other written notice, and we have 30 days to work it out. Most things end here.

If that fails, the dispute is resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, held in Mecklenburg County, North Carolina. Arbitration is individual: neither of us may bring a claim as a class action or on behalf of anyone else. Agreeing to this means giving up a jury trial.

Two exceptions go to court rather than arbitration: claims about intellectual property, and requests for an injunction. If a dispute does reach court, it belongs to the state and federal courts in Mecklenburg County, North Carolina. Any claim must be brought within one year of when it arose.

Changes to these terms

We update these terms from time to time, and the date at the top changes when we do. Continuing to use the site after that means you accept the updated version. Clients with active work get an email about changes that matter to them.

The rest

If any part of these terms is found unenforceable, the rest still stands. Not enforcing something once does not waive it. These terms, plus any signed proposal or statement of work, are the whole agreement between us about the site and the portal.

Contact

Questions go to hello@lucive.co, or by post to Lucive LLC, 301 S McDowell Street, STE 125-1028, Charlotte, NC 28204. You can also use the contact form.