Legal
Effective date: to be set at launch — this policy is not yet in effect. The version shown here is under legal review and subject to change before go-live.
The agreement covering your use of Lemonade Host — billing, deployments, AI agents, and what happens if something goes wrong.
The short version: Lemonade Host is per-site static hosting, billed monthly, quarterly or yearly. You can deploy by Git, upload, CLI, API, or an MCP-connected AI assistant — you're responsible for what those tools do within the access you grant them. We target 99% uptime as a goal, not a guarantee. The first payment on a new site carries a 30-day money-back guarantee. Disputes are resolved through individual arbitration rather than a lawsuit or class action; you can opt out within 30 days of accepting these terms.
IMPORTANT: THESE TERMS INCLUDE A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY. PLEASE READ THEM CAREFULLY.
These Terms of Service (the "Terms") are a binding agreement between you and the legal operator of the Lemonade Host service.
Until a successor entity is identified in an updated version of these Terms, the current legal operator is Analytix Media (the "Operator"). Lemonade Host is a separate product and brand. Analytix Media is identified here solely because it is temporarily acting as the contracting operator of the service before the Lemonade Host business is transferred to a dedicated entity.
In these Terms:
You accept these Terms when you create an account, click an acceptance box or button, purchase or renew a Site, access a paid feature, or otherwise use the Service after being presented with these Terms. The Privacy Policy, Acceptable Use Policy, Refund Policy, plan descriptions shown at checkout, and any additional terms expressly presented for an add-on are incorporated into these Terms.
If you do not agree, do not create an account, submit payment, deploy content, or use the Service.
You must be at least eighteen (18) years old and legally able to enter a binding contract to use the Service. The Service is available to individuals and organizations, subject to applicable law and our availability decisions.
If you use the Service for or on behalf of a company, organization, client, or other person, you represent and warrant that you have authority to bind that person to these Terms. If you lack that authority, you agree that you remain personally responsible for all obligations arising from the account and the Service.
You may not use the Service if you are prohibited from doing so under applicable law, are located in a jurisdiction where we do not offer the Service, are subject to applicable trade sanctions or restricted-party rules, or previously had an account terminated for material abuse unless we give written permission.
We may decline, restrict, suspend, or discontinue availability in any country, territory, or jurisdiction at any time. Access from a location does not mean that the Service complies with every local law. You are responsible for determining whether your use is lawful where you operate and where your visitors are located.
The base Lemonade Host product is budget hosting designed primarily to store and serve static website files, including HTML, CSS, client-side JavaScript, images, fonts, and similar browser-readable assets. The base product is not a general-purpose compute platform and does not run customer-supplied server processes, databases, cron jobs, containers, or other server-side code unless a specific optional feature expressly permits that function.
We may offer optional upgrades, managed features, form handling, APIs, integrations, backup add-ons, or other capabilities. Those features may have additional limits or terms. The availability of an optional feature does not expand the permitted use of the base service except to the extent expressly documented for that feature.
You may deploy through methods we support, which may include:
We may add, remove, modify, replace, limit, or discontinue deployment methods or features. We do not promise that any particular integration, command, API, format, browser, operating system, repository provider, or third-party tool will remain compatible.
You must provide accurate, current, and complete account information and keep it updated. You are responsible for maintaining access to the email address connected to your account.
Authentication may use magic links, passkeys, one-time codes, passwords, GitHub or other OAuth sign-in, or other methods we make available. Authentication methods may change. If a third-party sign-in provider is unavailable, you may temporarily be unable to access the Service.
You are responsible for:
Unless caused by our failure to enforce a technical permission boundary that we expressly represented the Service would enforce, you are responsible for activity performed through your account, credentials, sessions, integrations, repositories, or tokens, whether the activity was performed by you, an Authorized Agent, or a person who obtained access because you failed to protect or revoke access.
We may rely on instructions that reasonably appear to come from you or an Authorized Agent. We may require additional authentication, temporarily block an action, or suspend access when we reasonably suspect fraud, compromise, abuse, or an ownership dispute, but we have no duty to detect every unauthorized action.
GitHub is the supported repository provider at launch. Additional providers may be added later.
A GitHub connection may use a GitHub App installed on the repository you select. We may store the App installation identifier, encrypted App credentials or other retrievable integration secrets, a webhook secret, and repository metadata needed to provide the connection. Short-lived installation access tokens may be generated and used when needed. We do not ask for or store your GitHub password. You can revoke a connection through your Lemonade Host dashboard or through GitHub. Revocation may not undo a deployment already completed.
MCP and API tokens are scoped credentials. By default, an MCP token is limited to the Site selected when the token is created. A token may cover multiple Sites only when you expressly select broader scope. Tokens we issue may be shown only once and stored in a non-retrievable hashed form. You are responsible for securely delivering and storing the raw token and for revoking it when no longer needed.
Customers are responsible for deployments and other actions performed through credentials, integrations, employees, contractors, automated tools, scripts, and AI agents they authorize. Lemonade Host is not responsible for an AI tool or other Authorized Agent publishing incorrect, harmful, incomplete, unlawful, insecure, corrupted, or unintended files; misunderstanding instructions; overwriting content; exposing secrets; or otherwise acting contrary to your intent.
That allocation of responsibility applies only to actions within the scope our system technically permits the applicable credential to perform. We remain responsible for configuring our own permission system so that a credential cannot access billing, delete an account, or reach a Site outside the credential's assigned scope when we expressly represent that the credential is technically restricted from doing so. This sentence does not create a warranty of uninterrupted security, eliminate your security obligations, or expand the remedies and liability limits stated elsewhere in these Terms.
Your use of a third-party AI assistant, coding agent, repository, editor, or automation provider is also governed by that provider's terms and privacy practices. A customer-connected AI tool is selected and controlled by you; it is not our subprocessor merely because it connects to our MCP server at your direction.
Billing is per Site, not merely per account. An account may contain multiple Sites. Each Site is a separate paid line item even when Sites appear on one subscription record or invoice.
The base plan may include a storage allowance, bandwidth allowance, subdomain, SSL support, deployment access, and other features shown on the pricing page or at checkout. Current normal technical limits are described in the Acceptable Use Policy and may include:
These are service limits, not guarantees that every Site can continuously consume the maximum amount without affecting service quality or triggering abuse controls. We may apply reasonable rate limits, concurrency limits, file-type limits, request limits, security rules, or other controls not individually listed where needed to protect the Service, comply with law, prevent abuse, or maintain stability.
Unless you separately agree to an upgrade or paid overage, exceeding a limit will not create an automatic overage charge. We may instead notify you, throttle or restrict traffic or deployments, disable a feature, require an upgrade, suspend the affected Site, or decline renewal. We may act immediately where traffic or activity threatens the Service, third parties, or security.
The current base plan is offered at the prices displayed on the pricing page and at checkout. Subject to future changes under Section 9, the currently advertised base-plan intervals are:
The three intervals purchase the same base plan unless checkout expressly states otherwise. A custom-domain connection add-on is currently advertised at $0.99 per month per Site. Other add-ons may have separate prices and billing intervals.
The exact price, currency, billing interval, quantity, discount, tax, and total displayed at the final checkout step control for that purchase. Prices shown in these Terms are not a promise that a price will remain available for future purchases or renewals.
Fees are due in advance and are generally nonrefundable except as stated in the Refund Policy or required by law. You authorize us and our payment processor to charge the payment method associated with your account for each purchase, renewal, tax, and other amount you approve.
You are responsible for applicable sales, use, value-added, goods-and-services, withholding, and similar taxes, excluding taxes based on our net income. We may collect taxes where required. Tax rates and government charges may change independently of plan pricing.
We may correct obvious pricing, description, or billing errors. If an error would materially increase a charge you already authorized, we will seek consent or cancel and refund the affected transaction rather than silently impose the increase.
Each paid Site and recurring add-on automatically renews at the interval selected at checkout until you cancel it. Depending on the selected interval, renewal is monthly, quarterly, or annually.
Before confirming billing information, checkout must disclose the recurring nature of the purchase, the billing interval, the amount or method of determining the charge, and how to cancel. By completing checkout, you provide affirmative consent to recurring charges for the selected Site and add-ons.
After purchase, we will provide an acknowledgment capable of being retained, such as an email receipt or account record, containing the material renewal terms and cancellation method.
We do not promise a reminder before every monthly or quarterly renewal. We will send reminders and notices when required by applicable law, including required annual-renewal reminders, notices before certain promotional periods end, and notices of fee changes. A failure to receive a non-required courtesy reminder does not cancel your subscription or relieve you of charges you otherwise authorized.
You must keep your email address and payment information current. Notices sent to the email address on file are effective when sent, even if filtered, rejected, or not read, except where applicable law requires a different result.
We may change plan prices, add-on prices, billing structures, included features, or other fees for existing or future customers.
A price increase will not be imposed during a prepaid billing term. Unless required by law or needed to correct an obvious billing error, a changed recurring price for an existing Site or add-on takes effect no earlier than its next renewal after we provide the notice required by applicable law.
For California consumers, notice of a recurring-fee change will be provided within the legally required window before the change takes effect and will include a cancellation method. We may provide longer notice in jurisdictions that permit it or require longer notice.
No customer, Site, plan, or add-on is permanently grandfathered into a price unless a specific written offer expressly says so. Statements such as "price protected for two years" or "no increase for the first twelve months" apply only for the stated period and only if the customer satisfies the promotion's conditions. After that period, the then-current renewal price may apply after required notice.
Marketing statements such as "no mid-term price increase" mean only that we will not raise the base recurring price during a term already paid for. They do not mean that future renewals can never increase.
If you do not agree to a future renewal price, your remedy is to cancel before the renewal charge. Continued use after a properly disclosed renewal charge constitutes acceptance of the renewed term to the extent permitted by law.
You may cancel the automatic renewal of a Site or add-on through the online account controls or another cancellation method we provide. Online purchases can be canceled online without unnecessary obstruction. We may require reasonable authentication before processing cancellation.
Canceling renewal does not ordinarily delete the Site immediately. Unless you choose immediate deletion, the Site may remain available through the end of the already-paid billing term and then be disabled. Cancellation stops future renewal charges for the canceled item but does not itself create a refund, proration, or credit.
You may request or select immediate deletion. Immediate deletion can make Customer Content, configurations, deployment history, and backups unavailable and may be irreversible. Download or retain your own copy before deleting anything.
Closing an account does not eliminate accrued payment obligations, chargeback liability, indemnity obligations, legal holds, or provisions that by their nature survive termination. An account generally cannot be closed while active paid Sites, unresolved balances, disputes, or legal restrictions remain.
The Refund Policy controls refund eligibility. In summary, the first successful base-hosting payment for each newly created Site is generally eligible for a refund when requested within thirty (30) days after that payment. Renewals, later billing periods, reactivations, recreated versions of substantially the same Site, and add-ons are not automatically included unless the Refund Policy expressly says otherwise or law requires a refund.
Cancellation alone does not refund an amount already paid. We do not provide automatic prorated refunds or unused-time credits for mid-term cancellation.
The 99% uptime objective is not an SLA and does not create an automatic refund, service extension, or account credit. We may issue a courtesy adjustment in our sole discretion, but no courtesy action creates a continuing obligation or precedent.
If you believe a charge is incorrect, contact [email protected] promptly. We may suspend affected Services while a payment dispute or chargeback is pending. We reserve the right to respond to or contest fraudulent, abusive, duplicate, inaccurate, or otherwise improper disputes.
The custom-domain add-on allows you to point a domain you control to a Site. Unless we expressly offer a separate registration service, we are not your domain registrar and do not own, renew, or manage the registration of your domain.
You are responsible for:
Domain propagation, DNS resolution, certificate issuance, certificate renewal, and traffic delivery depend on third parties and conditions outside our control. SSL may be automatically provisioned where technically available, but we do not guarantee issuance, uninterrupted renewal, compatibility, or validation. We are not liable for domain expiration, DNS errors, registrar action, certificate failure, or loss caused by your configuration or a third party.
As between you and us, you retain ownership of Customer Content, subject to third-party rights.
You grant us and our service providers a worldwide, nonexclusive, royalty-free license during the period reasonably necessary to provide, secure, maintain, support, investigate, and improve the Service to:
This license ends when the relevant Customer Content is deleted from active systems, except that copies may remain temporarily in backups, logs, incident records, legal holds, or systems where immediate deletion is not technically feasible or legally permitted.
You represent and warrant that:
We do not endorse Customer Content and are not its publisher, author, seller, professional adviser, or guarantor. We have no general duty to review or monitor Customer Content before it is made available.
You are solely responsible for your Site and your relationship with visitors, users, customers, clients, and other third parties. This includes responsibility for:
For personal data we process only to host or operate a Site on your instructions, you generally act as controller or business and we generally act as processor, service provider, or contractor, as those terms are defined by applicable law. For account administration, billing, security, fraud prevention, and our own operations, we may act as an independent controller or business. The Privacy Policy provides additional detail.
Do not use the Service to collect highly sensitive data, regulated health data, payment-card data, government identification numbers, biometric identifiers, precise financial credentials, children's data, or other data requiring specialized compliance unless we expressly confirm in writing that the applicable feature is designed and contracted for that use. The Service is not represented as HIPAA-compliant, PCI-hosting-compliant for customer collection of card data, or suitable for any regulated workload unless separate written terms say otherwise.
The Service depends on and may interoperate with third parties, including payment processors, content-delivery networks, DNS providers, repository providers, email providers, monitoring services, storage providers, certificate authorities, internet carriers, AI providers, and customer-selected tools.
Third-party services are governed by their own terms and privacy practices. We do not control and are not responsible for their acts, omissions, availability, security, policy changes, data handling, compatibility, or continued support. We may replace a provider or integration without your consent when reasonably necessary to operate the Service.
An outage, restriction, suspension, data loss, policy decision, or security event involving a third party may affect the Service. To the fullest extent permitted by law, such an event does not make us liable beyond the express remedies and limits in these Terms.
YOU MUST MAINTAIN YOUR OWN CURRENT, INDEPENDENT, TESTED COPY OF ALL CUSTOMER CONTENT AND CONFIGURATION NEEDED TO REBUILD OR MOVE YOUR SITE.
We may create backups or replicas as an operational convenience. Our current standard practice may include daily backup attempts and a short rolling retention window, and an optional Continuous Protection add-on may use additional storage. However, unless a separate signed agreement expressly states otherwise, we do not warrant or guarantee:
Backup descriptions on marketing pages describe intended operational practices, not a warranty, SLA, insurance policy, or substitute for your own backup. A successful restore on one occasion does not create a promise of future restoration.
We aim to make hosted Sites available at least 99% of the time. This figure is a nonbinding operational objective only. It is not a promise, guarantee, warranty, contractual commitment, or service-level agreement.
Actual availability may be higher or lower and may vary by Site, geography, network, device, protocol, domain, configuration, feature, or measurement method. We may measure availability using internal or third-party monitoring and may exclude or separately classify maintenance, attacks, abuse mitigation, customer-caused failures, DNS or registrar failures, third-party outages, internet-routing problems, force-majeure events, and other circumstances. No particular measurement method is promised.
Falling below 99% does not automatically entitle you to a refund, credit, extension, termination payment, damages, or other compensation. We do not offer SLA credits for the base Service.
We may perform planned or emergency maintenance without advance notice. We may modify, replace, suspend, rate-limit, relocate, or discontinue all or part of the Service. Where reasonably practical, we may provide notice of a material discontinuation, but urgent security, legal, infrastructure, or abuse-related action may occur immediately.
We do not guarantee that the Service will be uninterrupted, error-free, secure against every threat, compatible with every tool, or available forever.
Support is provided on a commercially reasonable, best-efforts basis through the channels and hours we make available. We do not guarantee response or resolution times unless a separate written support plan expressly provides them.
Documentation, status information, examples, templates, migration help, AI-generated support, recommendations, and troubleshooting guidance may be incomplete, outdated, or incorrect. You are responsible for reviewing and testing changes before deploying them. Support does not make us responsible for your code, configuration, business decisions, compliance, or losses.
Beta, preview, experimental, free, or early-access features may be changed or removed at any time and may be less reliable or secure. They are provided without warranties and may be excluded from backup, support, uptime, or refund practices.
You must comply with the Acceptable Use Policy. You may not use or allow the Service to be used for unlawful activity, fraud, phishing, malware, spam, infringement, privacy violations, abusive resource consumption, attacks, evasion of security controls, or other prohibited conduct.
You are responsible for Authorized Agents and for all Customer Content and activity associated with your account. Use by an Authorized Agent does not excuse a violation.
We may investigate suspected violations, security incidents, payment problems, legal demands, ownership disputes, or threats to the Service. We may request information, preserve evidence, restrict access, remove or disable content, block traffic, revoke credentials, quarantine files, suspend a Site or account, or terminate Service.
We may act immediately and without prior notice when we reasonably believe action is needed to:
For less urgent issues, we may provide an opportunity to cure, but are not obligated to do so. Our decision not to act in one instance does not waive our right to act later.
Suspension does not pause billing unless we state otherwise. Termination or suspension for violation does not automatically entitle you to a refund. You remain responsible for amounts accrued before termination and for claims arising from your conduct.
You may appeal a suspension using the process in the Acceptable Use Policy. An appeal does not require us to keep content online while it is reviewed and does not guarantee reinstatement.
We may terminate the Service or an account for convenience upon reasonable notice where practicable. If we permanently discontinue a prepaid Site for convenience and not because of your breach, our exclusive remedy may be a prorated refund of the unused prepaid base-hosting fee, less discounts, taxes, chargebacks, and amounts owed. This limited remedy does not apply to outages, feature changes, suspension, or termination for cause.
The Service, software, interface, documentation, designs, logos, trademarks, domain names, APIs, templates, and related materials, excluding Customer Content and third-party material, are owned by or licensed to the Operator and are protected by law.
Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable right to use the Service for its intended purpose during an active paid term. You may not copy, resell, sublicense, reverse engineer, scrape, bypass, probe, or exploit the Service except as expressly permitted by law or in writing.
If you provide suggestions, ideas, feedback, or improvement requests, you grant us a perpetual, worldwide, irrevocable, royalty-free right to use them without restriction or compensation, provided we do not publicly identify you as the source without permission.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RELATED CONTENT, FEATURES, BACKUPS, SUPPORT, DOCUMENTATION, INTEGRATIONS, CERTIFICATES, DOMAINS, DEPLOYMENT METHODS, AND RESULTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
WE DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, RELIABILITY, AVAILABILITY, DATA INTEGRITY, COMPATIBILITY, AND RESULTS.
WE DO NOT WARRANT THAT:
YOU ASSUME THE RISKS OF USING LOW-COST HOSTING, INCLUDING INTERRUPTION, DATA LOSS, SECURITY EVENTS, THIRD-PARTY FAILURE, AND THE NEED TO MIGRATE OR REBUILD A SITE.
Some jurisdictions do not allow certain disclaimers. In those jurisdictions, disclaimers apply only to the maximum extent permitted.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR, LEMONADE HOST, AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (THE "LEMONADE HOST PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SALES, GOODWILL, BUSINESS, OPPORTUNITY, OR SAVINGS; LOSS, CORRUPTION, DISCLOSURE, OR UNAVAILABILITY OF DATA OR CONTENT; COST OF SUBSTITUTE SERVICES; BUSINESS INTERRUPTION; PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM DIGITAL CONTENT; OR ANY SIMILAR LOSS, EVEN IF ADVISED THAT SUCH LOSS IS POSSIBLE.
WITHOUT LIMITING THE FOREGOING, THE LEMONADE HOST PARTIES ARE NOT LIABLE FOR LOSS OR DAMAGE ARISING FROM OR RELATED TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL LEMONADE HOST PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY RELATED POLICY WILL NOT EXCEED THE GREATER OF:
(A) TWENTY-FIVE U.S. DOLLARS (US $25.00); OR (B) THE BASE-HOSTING FEES YOU ACTUALLY PAID FOR THE SPECIFIC AFFECTED SITE DURING THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT FIRST GIVING RISE TO THE CLAIM.
This is one aggregate cap for all theories, events, claims, parties, and remedies, not a per-claim cap. Amounts paid for other Sites, taxes, pass-through charges, disputed charges, credits, and third-party services are excluded.
The limitations apply regardless of legal theory, including contract, tort, negligence, strict liability, statute, misrepresentation, restitution, or otherwise, and even if a limited remedy fails of its essential purpose.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud, willful injury, or violations of law to the extent applicable law prohibits limitation. The existence of a non-waivable claim does not invalidate limitations that are lawful as applied to other claims or damages.
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Lemonade Host Parties from and against third-party claims, demands, investigations, actions, liabilities, judgments, settlements, penalties, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
We may control the defense and settlement of an indemnified matter using counsel of our choice. You will reasonably cooperate. You may not settle a claim in a manner that admits fault by, imposes obligations on, or restricts a Lemonade Host Party without written consent. We will use reasonable efforts to notify you of covered claims, but delayed notice does not relieve your obligations except to the extent you are materially prejudiced.
To the maximum extent permitted by law, you release the Lemonade Host Parties from claims arising from disputes between you and any visitor, customer, client, Authorized Agent, repository provider, AI provider, registrar, payment provider, domain owner, content owner, or other third party.
If California law applies, you waive California Civil Code section 1542 to the extent permitted, which generally provides that a general release does not extend to claims a releasing party does not know or suspect to exist and that would have materially affected the settlement. You acknowledge that unknown claims may exist. This waiver does not release claims that cannot lawfully be released.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.
Before filing arbitration or a lawsuit, the complaining party must send a written Notice of Dispute and allow sixty (60) days for informal resolution. A notice to us must be emailed to [email protected] with the subject line "LEGAL NOTICE OF DISPUTE."
The notice must include the sender's full name, account email, affected Site, contact information, a detailed description of the facts and legal basis, the specific relief requested, and a good-faith calculation of claimed monetary loss. The customer or an authorized representative must personally confirm that the notice is accurate.
The parties will attempt in good faith to resolve the dispute. Filing deadlines are tolled during the sixty-day period to the extent permitted by law. Failure to complete this process before filing is a breach of these Terms, and either party may ask a court or arbitrator to enforce it.
Either party may bring an individual claim in a small-claims court with jurisdiction if the claim remains solely in that court and is not transferred, appealed, or coordinated on a class or representative basis.
Either party may seek temporary or preliminary injunctive relief in court to prevent actual or threatened misuse of intellectual property, unauthorized system access, security attacks, or disclosure of confidential credentials while arbitration is pending. Claims for public injunctive relief that cannot lawfully be arbitrated may proceed in court only after arbitrable issues are resolved, unless law requires otherwise.
Except for the limited exceptions above and claims that applicable law prohibits from arbitration, you and the Operator agree that every dispute, claim, or controversy arising out of or relating to the Service, these Terms, a Site, a payment, marketing, privacy, an Authorized Agent, or the relationship between the parties will be resolved by final and binding individual arbitration rather than by a judge or jury.
This arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, to the maximum extent applicable.
Arbitration will be administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules for consumer claims and its applicable Commercial Arbitration Rules for non-consumer business claims, as modified by these Terms. If multiple substantially similar demands qualify for AAA's Mass Arbitration Supplementary Rules, those rules apply. If AAA is unavailable or declines administration and the parties cannot agree on a substitute, a court with jurisdiction may appoint an administrator or arbitrator under applicable law.
The arbitration may occur by documents, video, telephone, or in person as the applicable rules permit. A consumer may elect a reasonably convenient location. A business claimant's hearing location will be Placer County, California while Analytix Media is Operator, unless the arbitrator determines another location is required by law.
The arbitrator may award the same individual relief a court could award, subject to lawful limitations in these Terms, but may not award relief for persons who are not parties to the arbitration. Judgment on the award may be entered in any court with jurisdiction.
Fees will be allocated under the applicable rules and law. We will pay fees we are legally required to pay for a consumer arbitration. We will not seek attorneys' fees from a consumer unless the arbitrator finds the claim was frivolous or brought for an improper purpose and applicable law permits the award.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE OPERATOR AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION OR ARBITRATION, EXCEPT THAT ADMINISTRATIVE COORDINATION UNDER AN ARBITRATION PROVIDER'S MASS-FILING RULES DOES NOT AUTHORIZE CLASSWIDE RELIEF.
The arbitrator may not combine claims or award relief to anyone other than the individual parties. If a final court decision holds that a particular request for public injunctive relief cannot be waived or arbitrated, only that request may be severed and heard in court after individual arbitrable claims are resolved.
For any dispute that lawfully proceeds in court, YOU AND THE OPERATOR KNOWINGLY AND VOLUNTARILY WAIVE A TRIAL BY JURY to the maximum extent permitted by law.
You may opt out of the arbitration agreement and class-action waiver by emailing [email protected] within thirty (30) days after you first accept these Terms. The subject line must be "ARBITRATION OPT-OUT," and the message must include your full name, account email, and an unambiguous statement that you opt out of Section 26. Opting out does not affect the rest of the Terms. An opt-out applies only to the person and account identified and does not opt out another user or organization.
To the maximum extent permitted by law, any claim must be filed within one (1) year after the event giving rise to it or it is permanently barred. This does not shorten a limitation period where applicable law prohibits contractual shortening.
If part of this Section 26 is unenforceable, it will be severed or narrowed to the minimum extent necessary, and the remainder will be enforced. If the individual-proceeding requirement is held unenforceable for a particular claim and cannot be severed, the agreement to arbitrate that claim will not apply, but the jury waiver and all other lawful provisions remain effective.
While Analytix Media is the Operator, these Terms and non-arbitrable disputes are governed by California law, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 26 where applicable.
Subject to Section 26 and mandatory local law, non-arbitrable proceedings while Analytix Media is Operator must be brought exclusively in the state courts located in Placer County, California, or the United States District Court for the Eastern District of California, and each party consents to personal jurisdiction there.
We expect to transfer the Lemonade Host business to a dedicated entity, potentially formed in Wyoming. We may assign these Terms, customer accounts, subscriptions, data, intellectual property, vendor contracts, and related rights and obligations to that successor as described below. If an updated version of these Terms identifies a Wyoming entity as Operator, that version may designate Wyoming law and venue for events occurring on or after its effective date. The governing law for an earlier dispute will not be changed retroactively merely by moving the business, except to the extent a valid assignment, novation, mandatory law, or written agreement lawfully provides otherwise.
Mandatory consumer protections in your place of residence remain applicable to the extent they cannot be waived by contract.
You may not assign or transfer your account, a Site, or these Terms without our written consent, except through a transfer feature we expressly provide.
We may assign or transfer these Terms and any related rights, obligations, accounts, subscriptions, Customer Content, and data to an affiliate, successor, purchaser, financing party, or entity that acquires or operates all or part of Lemonade Host. You consent to that transfer, subject to applicable privacy and notice requirements. We may provide notice by email or through the Service.
A successor Operator may update the legal name, address, governing law, venue, payment descriptor, privacy-controller identity, or vendor relationships. Your continued use after the effective date of properly noticed updated Terms constitutes acceptance to the extent permitted by law. You may cancel before the change takes effect if you do not agree.
We may update these Terms and incorporated policies to reflect legal, security, pricing, operational, technical, or business changes.
For a material change affecting active paid customers, we will provide notice as required by law. Changes may take effect immediately when reasonably necessary to address security, fraud, abuse, legal requirements, or a new feature that you voluntarily activate, unless law requires advance notice.
A pricing change is governed by Section 9. A change to the arbitration section will not retroactively alter a dispute of which we had actual written notice before the change, unless both parties agree.
The version posted on the legal page is the current version. We may retain archived versions. Continued use after the effective date of an update constitutes acceptance to the extent permitted by law. If you reject an update, you must stop using the affected Service and cancel before the update or next renewal, as applicable.
You consent to receive agreements, notices, disclosures, receipts, renewal information, policy updates, security alerts, support messages, and other communications electronically, including by email, dashboard notice, or posting within the Service.
You are responsible for maintaining a valid email address and checking messages. Electronic communications satisfy any requirement that a communication be in writing to the extent permitted by law.
Operational or transactional messages are not marketing messages and may be sent even if you opt out of promotional email. We do not promise delivery when prevented by invalid contact information, spam filters, provider rejection, or circumstances outside our control.
The Lemonade Host Parties are not responsible for delay, interruption, failure, loss, or damage caused by events beyond reasonable control, including natural disasters, fire, flood, earthquake, severe weather, war, terrorism, civil disorder, labor disputes, government action, sanctions, epidemic, utility failure, hardware failure, upstream-provider failure, internet or routing disruption, cyberattack, denial-of-service attack, malicious code, domain or DNS failure, certificate-authority failure, carrier failure, supply shortage, or emergency maintenance.
These Terms and incorporated policies are the entire agreement regarding the Service and supersede prior or contemporaneous statements about the same subject, except a separate signed written agreement that expressly overrides a provision.
Headings are for convenience only. "Including" means "including without limitation." The singular includes the plural and vice versa where appropriate.
If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective. Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance.
No agency, partnership, joint venture, employment, fiduciary, franchise, or third-party-beneficiary relationship is created by these Terms. You may not make commitments on our behalf.
Provisions concerning payment, ownership, licenses reasonably needed for retained copies, disclaimers, liability limits, indemnity, release, disputes, governing law, records, and any provision that by its nature should survive will survive termination.
Questions about these Terms may be sent to:
Do not place passwords, full payment-card numbers, private keys, raw MCP tokens, repository secrets, or other sensitive credentials in an ordinary support email.
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The 30-day guarantee on a new site, and how billing disputes are handled.
Every plan, every interval, on one page.
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