Terms of Service

Last Updated: June 03, 2025

These Terms of Service ("Terms") govern your access to and use of the Lazy Otter website (lazyotter.co and its subpages, collectively the "Site") and any associated services or content provided by Lazy Otter, a Nevada C-Corporation ("Lazy Otter," "we," "us," or "our") (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Service Description

Lazy Otter provides a key distribution and outreach automation platform designed to help game developers and publishers connect with relevant Twitch streamers and influencers by facilitating the targeted distribution of game keys.

• Our platform facilitates the process of sending game keys to content creators based on specified criteria.
• All payments for the Service are handled off-site through third-party payment processors such as Whop, using services like Stripe Checkout. Lazy Otter does not directly process, store, or have access to your full payment card information.
• Primary communication for service onboarding, support, and inquiries is conducted via Discord.
• Our Site does not require user account creation (authentication) for general browsing. Specific service usage may require interaction through designated channels (e.g., Discord).

2. Use of the Service

1. Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use our Service. By using the Service, you represent and warrant that you meet this requirement.
2. Service Purchase: Details of our service plans and pricing are available on our Site. All purchases are subject to the terms of our payment processors.
3. Onboarding: After purchasing a service plan, you will be required to contact us on Discord (username: "lazyotterco") to provide necessary information for your campaign, such as game details, Steam tags, target streamer criteria, and game codes.

3. Payment, Subscriptions, and Refunds

1. Payment Processing: Payments are processed via third-party platforms (e.g., Whop, Stripe). You agree to abide by their terms and conditions. Lazy Otter is not responsible for any issues arising from the payment process handled by these third parties.
2. No Free Trial: We do not currently offer a free trial for our Service, as stated on our Site.
3. Plan Changes: If you wish to upgrade or downgrade your service plan, please contact us through Discord. Any changes will be subject to agreement and potential payment adjustments.
4. Refunds & Service Commitment: Our full refund and service commitment policy is detailed in the FAQ section of our Site, which is incorporated by reference into these Terms and provides further context on these commitments. Lazy Otter is committed to delivering effective streamer outreach. While specific streamer key activation rates cannot be guaranteed, as this depends on factors beyond our direct control, we aim for meaningful engagement. It is important to understand that key activation does not guarantee that a streamer will play or positively feature your game; such decisions remain at the sole discretion of individual streamers based on their personal preferences and content strategy. As an indicative benchmark of our service's initial effectiveness:
   • For our Basic Plan, if the streamer key activation rate falls significantly below approximately 20% of distributed keys after the completion of our initial campaign; or
   • For our Premium Plan, if the streamer key activation rate falls considerably below approximately 40% of distributed keys after the completion of our initial campaign;
   Lazy Otter commits to undertaking reasonable, additional outreach efforts on your behalf, at no extra charge, to improve campaign outcomes. These indicative percentages are benchmarks for triggering such additional efforts and are not guarantees of minimum activation rates. A partial refund or service credit will be considered only in circumstances where, following these additional service efforts, it is determined by Lazy Otter, in its reasonable discretion, that there was a demonstrable and significant failure in the core service delivery attributable to Lazy Otter, which directly resulted in the campaign substantially underperforming. All such considerations and any resulting refunds or credits are at Lazy Otter's sole discretion and are subject to the more detailed explanations and context provided in our FAQ.

4. User Responsibilities and Conduct

1. Accurate Information: You agree to provide accurate and complete information when using our Service, including during the onboarding process.
2. Game Codes: You are responsible for providing valid and sufficient game codes for your campaign. Lazy Otter is not responsible for issues arising from invalid or insufficient codes.
3. Prohibited Uses: You agree not to use our Service for any unlawful, fraudulent, or unauthorized purposes. This includes, but is not limited to:
   • Distributing malware or harmful content.
   • Infringing on the intellectual property rights of others.
   • Violating any applicable local, state, national, or international law or regulation.
   • Attempting to interfere with or disrupt the integrity or performance of the Service or the data contained therein.
4. Compliance with Platform Policies: You are responsible for ensuring that your use of game keys and outreach to streamers complies with the terms of service of relevant platforms (e.g., Steam, Twitch).

5. Intellectual Property

1. Lazy Otter's IP: All content on the Site, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lazy Otter or its suppliers and protected by copyright and other intellectual property laws. "Lazy Otter" and its associated logos are trademarks of Lazy Otter.
2. License to Use Service: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. Nothing in these Terms grants you any rights to use our Marks or other intellectual property without our prior written permission.
3. Your Content: By providing us with materials for your campaign (e.g., game information, promotional text), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute such materials solely for the purpose of providing the Service to you.

6. Disclaimer of Warranties

1. "As-Is" Service: The Service is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. No Guarantees: Lazy Otter does not guarantee any specific results from using the Service, such as a minimum number of streamers reached, gameplays, or specific engagement metrics. While we strive to target relevant streamers, we cannot control their decision to play or feature your game.
3. Third-Party Platforms: We are not responsible or liable for the availability, performance, or reliability of third-party platforms (e.g., Steam, Twitch, Discord, Whop, Stripe) or for any content or actions on those platforms.

7. Limitation of Liability

1. Indirect Damages: To the fullest extent permitted by applicable law, Lazy Otter, its affiliates, officers, employees, agents, suppliers, or licensors shall not 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
2. Monetary Cap: To the fullest extent permitted by applicable law, Lazy Otter's total aggregate liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of (i) the amount you have paid to Lazy Otter for the Service in the six (6) months prior to the event or circumstance giving rise to the claim, or (ii) one hundred U.S. dollars ($100).

8. Indemnification

You agree to defend, indemnify, and hold harmless Lazy Otter and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

9. Changes to the Service and Terms

1. Service Modifications: We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
2. Terms Revisions: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

10. Governing Law and Dispute Resolution

1. Governing Law: These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Nevada, U.S.A. without giving effect to any choice or conflict of law provision or rule.
2. Dispute Resolution: You agree to first attempt to resolve any dispute informally by contacting Lazy Otter. If a dispute is not resolved within thirty (30) days of submission, you and Lazy Otter agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, except as provided herein. The arbitration will be conducted in Washoe County, Nevada, U.S.A. (where Reno is located), unless you and Lazy Otter agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. Miscellaneous

1. Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and Lazy Otter regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
2. Waiver and Severability: No waiver by Lazy Otter of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lazy Otter to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
3. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lazy Otter without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
4. Headings: The section headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

12. Contact Information

1. Contact: If you have any questions or concerns about these Terms or the Service, please contact us:
   • Via Discord: lazyotterco
   • Via Email: info@lazyotter.co

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.