Mobile App End User License Agreement

1. Acceptance of Agreement

This End User License Agreement (“Agreement“) you are reading is a legally binding agreement between (“Company“, “We” or “Us“) and yourself. By installing, copying, downloading, accessing, or otherwise using Company’s mobile application (the “Application” or “App”) you agree that you have read, understood, accept and agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Application. Please note that the term “you” also includes the company or other entity/organization on whose behalf you are accepting this Agreement, to the extent applicable. If you do not have the requisite authority, you may not accept this Agreement and/or use the Application on behalf of any company or other entity/organization.

By checking “I agree” or a similar checkbox, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you are unwilling to accept all of the terms of this Agreement, you should not check the aforementioned “I agree” or a similar checkbox and you should not download the Application.

We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the Application. The new terms (or any amendment thereto) may be displayed on-screen and you may be required to read and accept them to continue your use of the Application.

From time to time updates to the Application may be issued through Google Play. Depending on the update, you may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new terms.

Your continued use of the Application after a change or modification of this Agreement has been made, will constitute your acceptance of the revised Agreement. If you do not agree to the Agreement, your only remedy is to discontinue your use of the Application.

The Application is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or any service available through our Agreement for any commercial or competitive activity or purpose.

If you violate the Agreement, the Company reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Accounts you have created for using the Application. You agree that Company does not need to provide you notice before terminating or suspending your access to the Application, but it may provide such notice in its sole discretion.

You declare that by acceptance of this Agreement and/or by using the Application you are of legal age to form a binding contract with the Company or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 18 years of age. You may not use the Application and may not accept this Agreement if you are a person barred from receiving the services provided through the Application under the laws of the country in which you are resident or from which you use the Application.

1. License Grant to Use the Application

The Company on hereby grants you a personal, non-exclusive, non-transferable and non-sublicensable, revocable license, which is time-limited to the term of this Agreement, to install the Application on one (1) mobile device, solely for your internal use. For the removal of doubt, no commercial use may be made by you or any others on your behalf with the use of the Application without the Company’s prior written consent. The Application is licensed, not sold, to you for use only under the terms of this Agreement. We reserve all rights not expressly granted to you.

You shall not make any copies of the Application and are expressly prohibited from providing the Application or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by the Company in writing.

You shall not remove or destroy any copyright or restricted rights notices: (a) affixed to any media containing the Application; or (b) incorporated within the Application. You shall reproduce any such copyright or restricted rights notices in any copy of the Application created by you.

The Company may make modifications, additions and upgrades to the Application, as it deems necessary. The terms of this Agreement will apply to any updates that the Company may make available to you unless the update is accompanied by a separate license, in which case the terms of that license will govern. You agree that updates may require you to change or update the Application, and may affect your ability to use, access or interact with the Application. The Company is not obligated to provide any maintenance, technical or other support for the Application.

You hereby acknowledge that your right to use the Application is limited by this Agreement, and, if you violate or if, at any point, you do not agree to any of this Agreement, your right to use the Application shall immediately terminate, and you shall immediately refrain from using the Application. If the Application or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right to use the Application, and must refrain from using the Application.

1. Access to the Application

It is your responsibility to ensure your mobile device meets all the necessary technical specifications to enable you to access and use the Application. The Company does not provide you with the equipment to access and/or use our Application. You are responsible for all fees charged by third parties related to your access and use of the Application (e.g., charges by Internet service providers or air time charges).

The Application is currently to be used on devices that operate with Android®.

The Company cannot guarantee that the Application will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Application, and may result in the failure of your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. The Company takes no responsibility for any disruption, interruption or delay caused by any failure of, or inadequacy in any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from pandemics, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God. 

1. In App Purchase and SubscriptionPayment

As part of the Services, we may offer you to engage and purchase in-App purchases (“IAP”) items and features that aim to enhance your experience while using the Services. These IAP transactions take place through the Google Store payments, adhering to the policies of the App Store, including those related to refunds.

The Company reserves the right, at its sole discretion and in accordance with these Terms, to establish the features, settings, pricing, or other tools offered as part of the Services. Additionally, the Company may alter, correct, amend, update, upgrade, enhance, improve, remove, replace, or make any other modifications to the Services, or suspend, temporarily or permanently, any features or functionalities, with or without prior notice, without incurring any liability to you.

Further, we may offer you to subscribe to our premium subscription plan, which grants you access to the Apps free of Third-Party Ads, subject to a weekly, monthly, or yearly payment (“Subscription”). The Subscription automatically renews unless terminated or canceled in advance, in accordance with the terms of the applicable plan. Payment for the Subscription is processed in accordance with the payment terms of Google Pay’s Terms of Service.

You may choose to cancel your Subscription at any time through the App Store. Upon cancellation, your access to the App free of Third-Party Suppliers ads will continue until the end of your billing cycle and terminate thereafter. Subject to applicable law, subscription fees are non-refundable, and we do not offer refunds for partial subscriptions period.

1. User Content

You agree that any content published by you through the Application is done so through the use of technology and tools provided by the Company. You agree that you are publishing such content willingly, and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You grant the Company the right to act as an agent on your behalf as the Application’ operator.

Company does not claim ownership of any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Application by any user (the “User Content“). Company may retain any raw material that you submit, and make internal or external use of such material including for testing, publication or commercial purposes as it deems appropriate subject to such limitations contained under applicable law. You may request that Company delete and make no further use of such material by contacting us at: privacy@lightenapps.com.

1. Privacy and Information Collection

All of your information collected by the Application will be used, stored and managed in accordance with the terms and conditions of our privacy policy, available here: [lightenapps.com/privacy-policy] (the “Privacy Policy”).

We may change the Privacy Policy as set forth in the Privacy Policy. The new Privacy Policy (or any amendment thereto) may be displayed on-screen and you may be required to read and accept it to continue your use of the Application.

Your continued use of the Application after a change or modification of the Privacy Policy has been made, will constitute your acceptance of the revised Privacy Policy. If you do not agree to the Privacy Policy, your only remedy is to discontinue your use of the Application.

1. Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Application and to be bound by this Agreement. You agree that you will comply fully with this Agreement and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Application. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

You undertake that you shall not defraud, or attempt to defraud, the Company or other users, and that you shall not act in bad faith in your use of the Application. If the Company determines that you have acted in bad faith and/or in violation of this Agreement, or if the Company determines that your actions fall outside of reasonable standards, Company may, at its sole discretion, terminate this Agreement and prohibit you from using the Application.  In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

1. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
2. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, bullying, discriminate or abuse anyone, hatefully, racially, ethnically or in any other manner;
3. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by the Company or by applicable statutory law), modify or alter any part of the Application;
4. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Application or the mobile phones of other users of the Application;
5. Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Application in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
6. Create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate this Agreement and/or the Agreement of service of any third-party applications;
7. Attempt to obtain passwords or other private information from other members including, personally identifiable information (whether in text, image or video form), identification documents, or financial information;
8. Improperly use support channels or complaint buttons to make false reports to the Company;
9. Make representations with respect to the Company not approved in advance and in writing by the Company. You shall obtain the Company’s prior written approval to the content of any marketing message, and with respect to any use of the Company’s trade name and/or trademarks and/or designs in connection with the Application;
10. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company’s prior written consent;
11. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
12. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Application; and/or
13. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Application.

1. Intellectual Property Ownership

The Company and/or its affiliates retain all rights in the Application (including, but not limited to, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the “Application Materials“). The entire contents of the Application are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Application pursuant to this Agreement or otherwise exploit any of the Application Materials without the Company’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Application in accordance with this Agreement. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from the Company. Any reproduction or redistribution of materials not in accordance with this Agreement is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.

The Company and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Application Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Application or by accessing any of the Application Materials, or rights to any derivative works thereof.

You are not required to provide The Company with any feedback or suggestions regarding the Application or any of the Application Materials. However, should you provide the Company with comments or suggestions for the modification, correction, improvement or enhancement of the Application and/or any of the Application Materials, then, subject to the Agreement and conditions of this Agreement, you hereby grant the Company a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner the Company chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of the Company’s and its sub-licensee’s products and content embodying such comments or suggestions in any manner and via any media the Company chooses, but without reference to the source of such comments or suggestions.

1. Disclaimer of Warranty; Limitation of Liability; Indemnification

You agree that your use of the Application shall be at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions taken or made in reliance on the Application. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Application and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

The Company assumes no liability or responsibility for any:

1. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
2. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Application;
3. Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all Personal Information and/or financial information stored therein;
4. Any interruption or cessation of transmission to or from the Application;
5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Application by any third party;
6. Any results that may be obtained from the use of the Application;
7. The quality of any information, or other material obtained by you through the Application;
8. Any content which is published, displayed and/or suggested through the Application, its integrity, accuracy and/or reliability; and/or
9. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Application.

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE APPLICATION OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED US $100.

The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.

The Company provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Application. By using the Application you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content, or for any failure to, or delay in removing User Content.

You agree to indemnify and hold the Company, and each of its affiliates and its and their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:

1. Your use of, and access to the Application;
2. Use of and access to the Application by any person;
3. Your violation of any term of this Agreement;
4. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
5. Any claim that any user submission made by you has caused damage to a third party; and/or
6. Any User Content you post or share on or through the Application.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

1. 10.Dealings with Other Users

Your correspondence or dealings with other users through the Application, including any agreement, conditions, warranties or representations associated with such dealings, are solely between you and such other user. You agree that the Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such other users on the Application.

1. 11.Third Party Material

You may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources (the “Third Party Materials“) via the Application. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and the Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Application. You acknowledge and agree that the Company: (i) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Application. Your ability to access or link to Third Party Materials or third party Application does not imply any endorsement by the Company of Third Party Materials or any such third party services.

This Agreement does not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Without derogating from any of the Company’s rights and remedies under this Agreement and/or under law, the Company will be entitled, at its sole discretion, to immediately discontinue the Application or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.

You may not use any Third Party Materials for which you have not obtained appropriate approval to use. the Company cannot grant permission to use third party content.

1. 12.Links, Search Engines

The Application may contain links to other websites or resources (the “Linked Sites“). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. the Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

1. 13.Notices

Notices to you may be made via the Application and/or e-mail. the Company may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Application. You agree that all agreements, notices, disclosures and any other communications that the Company provides as aforementioned satisfy any legal requirement that such communications be in writing. Any and all e-mail notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.

1. 14.General

By using or visiting the Application, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern this Agreement and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Application shall be decided exclusively by a court of competent jurisdiction located in Israel. to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. The Company reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any changes. Your use of the Application following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to the application must be commenced by you within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.

The failure by the Company to enforce any provision of this Agreement, will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

This Agreement constitutes the complete and exclusive agreement between the Company and you regarding its subject, matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of each party.

For any questions about this Agreement or any other issue regarding the Company or the Application please contact us at: privacy@lightenapps.com.