Terms of Service
Last updated: January 1, 2025
Please read these Terms of Service (“Terms”) carefully before using the Lahda platform operated by Lahda L.L.C. (“us”, “we”, or “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Service Description
Lahda is a software-as-a-service platform that enables businesses to create, manage, and run recruitment advertising campaigns on Meta platforms (Facebook and Instagram). Our service includes AI-generated ad creative and copy, campaign management tools, applicant tracking, and related features.
When you create a campaign through Lahda, we facilitate the placement of your advertisements on Meta’s advertising platform on your behalf. Meta operates its own advertising platform with its own policies, algorithms, and performance metrics. Lahda acts as an intermediary service and does not control Meta’s ad delivery, targeting, performance, or policies.
You acknowledge that ad performance, delivery, reach, engagement, and other metrics are determined by Meta and are outside of Lahda’s control. We do not guarantee specific results, impressions, clicks, conversions, or applicant numbers for any campaign.
2. Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
3. Use of Service and User Responsibilities
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for:
- Providing accurate, complete, and truthful information about your business, job openings, and campaign details.
- Ensuring that all job postings and advertisements comply with applicable employment laws, anti-discrimination laws, and Meta’s advertising policies.
- Maintaining a valid payment method on file and ensuring sufficient funds are available for recurring charges.
- Monitoring your campaigns and responding to applicants in a timely and professional manner.
- Complying with all applicable laws, regulations, and third-party terms of service (including Meta’s advertising policies).
You agree not to:
- Use the Service in any way that violates any applicable national or international law or regulation.
- Upload or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, discriminatory, or otherwise offensive.
- Post job listings that are fraudulent, misleading, or violate employment laws.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose.
- Reverse engineer, decompile, or disassemble any portion of the Service.
4. Text Messaging and Communications
Employer Responsibility for Text Messaging: When you use Lahda to collect applicant information, you are responsible for complying with all applicable laws and regulations regarding text messaging and communications with applicants, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state-specific texting regulations.
SMS Consent Data: Lahda provides SMS consent information collected from applicants during the application process. This consent data indicates whether an applicant has opted in to receive text messages. You are solely responsible for:
- Respecting applicant SMS consent preferences and not sending text messages to applicants who have not consented
- Complying with all applicable texting regulations, including obtaining proper consent before sending any text messages
- Ensuring that any text messages you send comply with applicable laws, including providing opt-out mechanisms where required
- Maintaining records of consent as required by applicable laws
No Liability for Employer Texting Practices: Lahda is not responsible for, and disclaims all liability arising from, your use of applicant contact information for text messaging purposes. This includes, but is not limited to:
- Any violations of TCPA, CAN-SPAM Act, or other texting regulations
- Any claims, complaints, or legal actions arising from your texting practices
- Any spam, harassment, or misuse of applicant phone numbers
- Any damages, fines, or penalties resulting from your failure to comply with texting regulations
Platform as Intermediary: Lahda acts solely as an intermediary platform that facilitates the collection and sharing of applicant information. We provide SMS consent data to help you comply with regulations, but you are solely responsible for how you use this information and for ensuring compliance with all applicable laws. Any actions you take using applicant contact information, including texting, are your sole responsibility.
Indemnification: You agree to indemnify, defend, and hold harmless Lahda L.L.C. from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of applicant contact information for text messaging or other communications, including any violations of applicable texting regulations.
5. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Lahda L.L.C. and its licensors. The Service is protected by copyright, trademark, and other laws. You retain ownership of any content you upload, but grant us a license to use, display, and distribute such content as necessary to provide the Service.
6. Payments, Billing, and Refund Policy
Billing Model: Lahda uses a recurring daily billing model for active advertising campaigns. When you create and activate a campaign, you authorize us to charge your payment method on a daily basis for:
- The daily advertising budget you set for Meta ad spend
- Any applicable platform fees or service charges
- Any customization or additional service fees
Payment Authorization: By creating a campaign, you authorize Lahda to charge your default payment method on file each day your campaign is active. We will charge you for each day that your campaign runs, beginning on the day your ads are approved and placed on Meta’s platform. You must maintain a valid payment method on file at all times while your campaign is active.
No Refunds Policy: ALL PAYMENTS ARE NON-REFUNDABLE. This includes, but is not limited to:
- Meta advertising spend - Once ads are placed on Meta’s platform, the advertising spend is final and non-refundable, as we immediately pay Meta on your behalf for the advertising services
- Platform fees and service charges
- Customization fees and add-on services
- Any charges for campaigns that have already been activated or for which ads have been created
Meta Ad Spend is Final: Meta advertising spend cannot be refunded once ads are placed because we pay Meta immediately on your behalf. Even if you pause, cancel, or delete a campaign after it has started, you remain responsible for all charges incurred up to the point of cancellation, and no refunds will be provided for Meta ad spend that has already been paid to Meta.
Failed Payments: If a payment fails, we may attempt to retry the charge. If payment continues to fail, we reserve the right to suspend or cancel your campaigns until payment is resolved. You remain responsible for all charges that were attempted or processed, even if your campaign is suspended or cancelled due to payment failure.
Billing Disputes: If you believe you have been charged incorrectly, you must contact us at support@lahda.co within 30 days of the charge. After 30 days, charges are considered final and undisputed.
Price Changes: We reserve the right to modify our pricing at any time. Price changes will not affect campaigns that are already active, but will apply to new campaigns or renewals created after the price change.
7. Third-Party Services
The Service integrates with and relies on third-party services, including but not limited to:
- Meta (Facebook/Instagram): Our platform facilitates advertising on Meta’s advertising network. Meta operates its own platform with its own terms, policies, and algorithms. We are not responsible for Meta’s services, ad delivery, performance, policy changes, or any issues arising from Meta’s platform.
- Stripe: Payment processing is handled by Stripe. Your payment information is processed by Stripe according to their terms and privacy policy. We are not responsible for Stripe’s services or any payment processing issues.
- Other Service Providers: We may use other third-party services for hosting, analytics, email delivery, SMS messaging, and other functionality. We are not responsible for the services, terms, or policies of these third parties.
Your use of third-party services is subject to their respective terms and conditions. We do not control and assume no responsibility for third-party services, their availability, or their actions. Any issues or disputes with third-party services should be directed to the respective third-party provider.
8. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, violate any applicable law, or engage in fraudulent or harmful activities.
Upon termination, your right to use the Service will immediately cease. All outstanding charges remain due and payable. If you wish to terminate your account, you may discontinue using the Service or delete your account through the settings. However, you remain responsible for all charges incurred up to the date of termination, and no refunds will be provided.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE NUMBER OF APPLICANTS, AD PERFORMANCE, CLICK-THROUGH RATES, OR CONVERSION RATES. AD PERFORMANCE IS DETERMINED BY META AND IS OUTSIDE OF OUR CONTROL.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LAHDA L.L.C., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, ANY CONDUCT OR CONTENT OF THIRD PARTIES, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11. Indemnification
You agree to defend, indemnify, and hold harmless Lahda L.L.C. and its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees, arising out of or in any way connected with: (i) your access to or use of the Service, (ii) your violation of these Terms, (iii) your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights, (iv) your violation of any applicable laws or regulations, or (v) any content you submit, post, or transmit through the Service.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state in which Lahda L.L.C. is organized, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
14. Entire Agreement
These Terms constitute the entire agreement between you and Lahda L.L.C. regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
16. Contact Us
If you have any questions about these Terms, please contact us at support@lahda.co.