Terms
Terms and Conditions
Lighter Life LTD is delighted to offer you its mobile applications along with all associated documentation (referred to individually as an "App" and together as the "Apps"). It is important that you THOROUGHLY REVIEW THIS END-USER LICENSE AGREEMENT PRIOR TO USING OR ACCESSING ANY APPS, as this End-User License Agreement sets the terms for your usage of the Apps and the manner in which we deliver them.
1. AGREEMENT
This document, known as the End-User License Agreement (or "EULA"), including any additional Supplemental Terms where relevant, represents a binding legal contract between you and Lighter Life LTD concerning your use of the Apps. Throughout this EULA, terms like "Lighter Life", "we", "us", or "our" refer to Lighter Life LTD. By downloading, installing, or using the Apps, you are (a) consenting to be legally bound by this EULA's terms, (b) confirming that you own or have control over the mobile device where the App will be installed, and (c) asserting that you possess the legal right and capability to agree to this EULA and to comply with all its terms, as if you had physically signed it. This EULA also covers any updates, supplements, and services related to the App that aren't governed by separate licenses or agreements. If you disagree with this EULA's terms, you should not download or use any App. We reserve the right to modify these terms, and if any significant changes affecting your rights or obligations occur, we'll inform you through appropriate means, such as an in-app notification upon opening the App. Your continued use of the Apps following any changes implies your acceptance of these changes. Should you disagree with any changes, you must stop using the Apps. For any queries or concerns about these terms, contact us at support@xemail.ai before using the Apps.
Note for consumers: Depending on where you reside, you may have legal rights that this EULA cannot override. These rights are in addition to, not in place of, this EULA's terms. If any part of this EULA is not enforceable in your jurisdiction, the rest of the EULA remains effective. The use of the Apps also means you accept our Privacy Policy, which forms part of this EULA. The EULA also includes any additional payment and other terms stated on the download or purchase page for the Apps. If you download the Apps via third-party marketplaces, their terms may also apply.
2. AGE REQUIREMENT
To use the Apps, you must be at least 13 years old, or 16 in the European Economic Area (EEA). Users between 13 (or 16 in the EEA) and 18 should review this EULA with a parent or guardian, who should address any questions and install the Apps.
NOTICE FOR PARENTS AND GUARDIANS: By allowing your child to use an App, you accept the terms of this EULA on their behalf. You are responsible for monitoring your children's online activities. Do not permit your child to use the Apps if you do not agree with this EULA. If your child is under 13 (or 16 in the EEA) and is using the Apps, please contact us at support@xemail.ai.
3. GRANT OF LICENSE
Provided you adhere to this EULA's terms, Lighter Life LTD grants you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access, download, and install the latest version of the Apps on a single mobile device you own or control, strictly for lawful, personal, non-commercial entertainment purposes.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. Restricted Use
You are not permitted to rent, sell, lease, sublicense, distribute, assign, or reproduce the Apps (except for creating one backup copy for personal use) or to use the Apps for any third-party benefit. Making the Apps available for download or use by multiple users over a network is prohibited unless explicitly authorized by Lighter Life LTD or allowed under the relevant mobile platform's terms. You agree not to employ any automated or manual device or process, such as robots or spiders, to disrupt or attempt to disrupt the functioning of the Apps, except for removing the Apps from a device you own or control. Any attempts to breach or actual breaches of our service's security are forbidden. You must not modify, reverse-engineer, decompile, disassemble, or tamper with the Apps, nor attempt to do so. Accessing, altering, or modifying the source code of any Apps is not permitted. You are also not allowed to create derivative works from any Apps or their parts. Lighter Life LTD retains all rights to modifications or enhancements made to the Apps.
4.2. Apps Updates
We reserve the right to modify or remove features from the Apps. The Apps may communicate with our servers for updates when installed on your device. We may mandate updates to the Apps on your device when new versions or features are released, either automatically or after notifying you. You may be required to agree to our current EULA to use updated versions of the Apps. We may discontinue support for older versions of the Apps upon releasing updates, supplements, or newer versions. We are not obligated to provide any updates, supplements, or new versions of the Apps.
4.3. Access
You are responsible for providing the necessary equipment, internet connections, devices, and service plans to access and use the Apps at your own expense. Accessing an App through a mobile network may incur charges from your network or roaming provider. All costs related to accessing the Apps from your device are solely your responsibility. Not all Apps may be compatible with your network provider or device, and downloading, installing, or using certain Apps may be restricted or prohibited by your network provider. Lighter Life LTD does not guarantee that the Apps can be accessed on all devices or wireless service plans, are available in all languages, or are suitable for use in all locations.
4.4. Purchases & Cancellation Rights
(A) Subscriptions
You can purchase certain Apps on a subscription basis, including different subscription levels (like free or premium). Subscription payments may be processed within the App, through a third-party mobile platform, or directly through Lighter Life LTD. Free trial subscriptions are cancellable any time via your iTunes or Android account, or through the App website, and will automatically convert to a paid subscription unless canceled before the end of the trial period. Subscriptions made through third-party platforms can be canceled following their respective instructions. Cancellations take effect at the end of the current billing cycle, and no refunds are provided for paid subscriptions once billed.
(B) Paid Applications
Some Apps require a one-time purchase. Payments for these purchases may be processed through a third-party mobile platform. EU residents generally have a right to cancel online purchases within 14 days. However, if purchasing from a mobile platform owner, you may not be able to cancel or get a refund, so review the platform's terms before purchasing. Paid applications can be uninstalled at any time and are non-refundable.
4.5. Automatic Renewal
Paid subscriptions to the Apps auto-renew. You agree to and authorize automatic billing and will be charged the subscription amount plus any applicable taxes at the end of your registration or free trial period, if not canceled in advance. The billing cycle will match your current subscription, and subscription fees are subject to change. Your subscription and billing will continue indefinitely until you cancel in accordance with this Agreement's Cancellation section.
5. APP FUNCTIONALITY
The Apps provide a variety of features, functionalities, and services which may evolve over time, collectively known as "App Functions". These App Functions are offered by Lighter Life LTD and its Third Party Partners, who provide content and/or services through the Apps. The App Functions may include providing location data for basic navigation purposes, but this should not be solely relied upon for precise location needs, as it may be inaccurate or incomplete. Using this data in critical situations could lead to serious consequences, including harm to persons or property. Neither Lighter Life LTD nor its Third Party Partners can ensure the constant availability, accuracy, reliability, or completeness of any location data shown by the Apps.
6. THIRD-PARTY PARTNERS:
6.1. Third-Party Services and Content
The Apps may include or be linked with third-party services, advertising, feeds, and content. When installing an App with third-party services and content, these are governed by the respective third-party's terms and privacy policies, available on their websites. The Apps may also provide access to websites or resources of Third Party Partners, over which Lighter Life LTD has no control. Lighter Life LTD is not accountable for the availability or content of these external sites and resources and is not liable for any damage or loss resulting from your interaction with them. Lighter Life LTD does not monitor transactions between you and Third Party Partners.
6.2. Access to Third-Party Services and Content through Apps
All content accessible through the App, including data, links, articles, graphics, videos, and other materials, is the responsibility of the source from which it originated. By using the App, you might encounter Content that could be offensive or objectionable. You assume full responsibility for any risks related to the use of such Content, including its reliability and accuracy. Lighter Life LTD is not responsible for any Content not created by Lighter Life LTD, including any potential errors or omissions in such Content, or any loss or damage resulting from its use.
6.3. Tools Incorporated into the App
The App uses the OpenAI API, accessible at [OpenAI API link]. You can find the API terms and policies at [OpenAI API policies link]. As the OpenAI API is used for generating AI-created User Content within the App, you must adhere to OpenAI's Sharing & Publication Policy when sharing or publishing any User Content. "User Content" includes both the text you input and any AI-generated content via the App.
7. SECURITY
As with many consumer technologies, Apps cannot be guaranteed to be entirely secure. By agreeing to this EULA, you acknowledge the potential risks of unauthorized access, interception, corruption, or misuse of the Apps and the information you share or download through them. You are responsible for these risks and any consequent damages. It is your responsibility to protect your mobile device, including using complex passwords and, for Android users, enabling encryption settings. Lighter Life LTD is not liable for any unauthorized access to your mobile device or the app data stored on it.
8. REGISTRATION/PASSWORDS
8.1. Registration
Not all Apps require you to register, but some might ask or need you to create an account for additional features or functionalities ("Registration"). You'll be informed about this requirement when you try to access these extra features or functionalities. Any registration that is required by a Third Party Partner is outside the scope of this EULA, and you should check the respective Third Party Partner's website for their policies.
8.2. Passwords
You are solely responsible for keeping your password and ID combination, whether issued or chosen by you, confidential and secure. You bear full responsibility for all activities conducted through any account accessed using your password and ID. You must immediately inform us, followed by a written confirmation, of any unauthorized use of your accounts or any breach of security, including the loss, theft, or unauthorized use of your password(s) and/or ID(s). We reserve the right to suspend or terminate your account, deny future use of our services, and take legal action if we suspect your password and/or ID security has been breached. We are not liable for losses resulting from the misuse of your password or ID.
8.3. Provided Information
You must provide accurate, complete, and up-to-date information for any Registration. If your information is suspected to be inaccurate, outdated, or incomplete, we may suspend or terminate your App use and take legal actions. We have the right to use your provided information for the purposes outlined in this EULA and in support of your App and our services use, as per our Privacy Policy.
9. UNINSTALL/REMOVAL OF AN APP
To uninstall and remove an App, you should use the application manager of your device or refer to the device's manual. Please note that uninstalling an App with a paid subscription does not cancel your recurring payments. For cancellation, refer to the instructions provided above.
10. CONSENT TO USE OF DATA AND USER REVIEWS
You consent to our collection and use of technical data and related information about your device, system, software, and peripherals, periodically collected to assist in providing software updates, product support, and other App-related services. This information will be used in line with our Privacy Policy.
Furthermore, if you provide reviews on app stores, social media channels, or similar platforms, such information, including your public-facing username, may become publicly available. If you don't want your reviews used for promotional purposes, you can opt out by contacting us at support@xemail.ai. For security reasons, avoid sharing sensitive information like passwords or payment details in these communications. While we have the right to monitor user communications for security and training, we are not obligated to do so and may remove any inappropriate content at our discretion.
11. INTELLECTUAL PROPERTY
All components of the Apps, including design, text, images, audio and video clips, artwork, graphics, code, and documentation, are either the property of Lighter Life LTD or its licensors, protected by U.S. and international copyright, trademark, patent, and other laws regarding intellectual property. "Intellectual Property Rights" encompass rights across patents, trademarks, copyrights, trade secrets, and other intellectual property or proprietary rights globally. You are prohibited from deleting, altering, or concealing any copyright, trademark, or other proprietary notices from Lighter Life LTD or Third Party Partners on the Apps. All rights not explicitly granted are reserved by Lighter Life LTD and its licensors. The trademarks, names, and logos of Lighter Life LTD are its exclusive property. Other trademarks appearing in the Apps belong to their respective owners. Our partners or service providers may hold additional proprietary rights in the content provided through an App. Use of our trademarks, whether registered or not, in any manner that causes confusion is prohibited without our express written consent.
12. COPYRIGHT AND CONTENT
12.1. Copyright/Submissions
You are responsible for any Content you contribute, submit, or display through the App(s) and must ensure it doesn't infringe any intellectual property rights. This includes ensuring you own or have the necessary licenses for any submitted content like photos, texts, or music files. Lighter Life LTD respects copyright holders' rights and will take action to remove infringing content upon notification. Repeated infringement by users may lead to disabling access to the Apps or services. If you believe your copyright has been infringed in an App, contact Lighter Life LTD's Copyright Agent at support@xemail.ai with the required details.
12.2. Objectionable Content
Lighter Life LTD may remove content it deems objectionable at its discretion. This includes content that is unlawful, harmful, abusive, defamatory, vulgar, or promotes hate, violence, or harassment. The decision to remove such content is solely at Lighter Life LTD's discretion.
12.3. Content Screening and Disclosure
While all Content cannot be pre-screened or monitored, Lighter Life LTD representatives may oversee submissions and you consent to this monitoring. You should not expect privacy for any submitted Content. We may, but are not obligated to, edit, refuse, or remove Content.
We may disclose your information or Content if legally required or if necessary to enforce our agreements, prevent fraud, protect rights or safety, or in response to legal processes.
12.4. Ownership of Content You Submit
You retain rights to Content you submit through the Apps, but you grant us permission to use it as we deem fit, including for promotional purposes. Any submissions or creative ideas you provide to Lighter Life LTD will be its property, without confidentiality obligations or liability for its use or disclosure. You assign all rights and waive moral rights to such submissions in favor of Lighter Life LTD.
12.5. Repeat Infringer Policy
Lighter Life LTD may terminate access for users identified as repeat infringers under appropriate circumstances.
12.6. No Intended Third Party Beneficiaries
This EULA is not intended to benefit any third party unless explicitly stated.
13. TERMINATION
Your rights under this EULA will terminate immediately and automatically without any notice from Lighter Life LTD if you fail to comply with any of the terms and conditions of this EULA. You understand that Lighter Life LTD, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Apps at any time. Further, Lighter Life LTD, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Apps or any of its component features. You agree that Lighter Life LTD shall not be liable to you or any third-party for any termination or disabling of the Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the Apps and destroy all copies of Apps in your possession or control. Termination will not limit any of Lighter Life LTD's other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
14. DISCLAIMER OF WARRANTY
In accordance with applicable law, all Apps are provided on an "as is," "with all faults," and "as available" basis, and their use is entirely at your own risk. Lighter Life LTD and its affiliates, licensors, distributors, vendors, agents, and suppliers, to the extent permitted by law, categorically disclaim all warranties, either express or implied. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, and non-infringement, as well as any warranty arising from the Sale of Goods Acts 1893 and 1980, trade usage, course of conduct, or otherwise. Lighter Life LTD does not guarantee that the Apps will fulfill your needs, be uninterrupted, secure, error-free, or that the results from using the Lighter Life LTD products will be accurate or reliable. Nor does Lighter Life LTD guarantee that the quality of the Apps will meet your expectations. Lighter Life LTD is not liable for any kind of property damage resulting from your use of the Apps; unauthorized access to or use of our servers and/or any personal or financial information stored on them; any interruption or cessation of transmission to or from the Apps or servers; any third-party transmitted bugs, viruses, trojan horses, etc., through the Apps; or any errors or omissions in any content or for any loss or damage incurred from using content posted, emailed, transmitted, or made available through the Apps.
You bear the entire risk associated with the use and performance of the Apps. Lighter Life LTD explicitly disclaims all warranties related to products and/or services provided by third-party partners. Some jurisdictions do not allow the disclaimer of implied warranties, so in these jurisdictions, the above disclaimers may not apply to you insofar as they pertain to implied warranties.
This disclaimer of warranty is a crucial part of this agreement.
Notice Regarding Call Recording Feature: Some Apps may offer features to record phone conversations on Android or iOS devices. It is your responsibility to comply with all applicable local, state, federal, or international laws regarding call recording and to obtain necessary consent. Lighter Life LTD is not liable for your failure to comply with laws concerning third-party audio recording.
15. LIMITATION OF LIABILITY
Under applicable law, you acknowledge and agree that Lighter Life LTD is not responsible for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, usage, data, or other intangible losses, even if Lighter Life LTD has been advised of the possibility of such damages. These may arise from (i) using or not being able to use the Apps; (ii) unauthorized access or changes to your transmissions or data; (iii) any third party's actions or statements; or (iv) anything else related to the Apps. Lighter Life LTD's total liability to you for all damages, losses, and causes of action shall not exceed the amount you paid, if any, for accessing the App. This limitation applies even if the remedy does not fully compensate you for any losses, or fails its essential purpose.
If a court finds any part of this section unenforceable, all express, implied, and statutory warranties will be limited to 30 days after your first access to the App, with no warranties applying after this period.
16. INDEMNIFICATION
You agree to protect, defend, and hold Lighter Life LTD, its parent, affiliates, subsidiaries, directors, officers, employees, consultants, and agents harmless from any third-party claims, liabilities, damages, and/or costs (including attorneys' fees) arising from your use of the Apps, your breach of this EULA, or your infringement (or another user of your account's infringement) of any intellectual property or other rights of any person or entity. You must promptly inform Lighter Life LTD of any unauthorized use of your account or any other known security breaches.
17. EXPORT CONTROLS
The Apps, along with their underlying information and technology, fall under the jurisdiction of both U.S. and international laws, including restrictions and regulations that manage the import, export, and downloading of the Apps. By downloading or using the Apps, you agree to adhere to these laws, restrictions, and regulations.
18. NOTICE TO US GOVERNMENT END USERS
For Apps installed by or for the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), they are provided with restricted rights as "commercial items," defined under 48 C.F.R. §2.101. This includes "Commercial Computer Software" and "Commercial Computer Software Documentation," as used in 48 C.F.R. §§12.212 or 227.7202, as applicable. According to the Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government is limited to the rights provided in the license included here. The U.S. Government is not entitled to (i) technical information not commonly provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or documentation beyond the scope outlined here. Usage, duplication, or disclosure by the U.S. Government is subject to the limitations in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, where applicable.
19. JURISDICTIONAL AVAILABILITY
Lighter Life LTD does not claim or assure that the Apps or any parts of them are suitable or available for use in specific jurisdictions. The availability of the Apps, wholly or partially, may be restricted by Lighter Life LTD to any individual, geographic area, or jurisdiction at any time, at Lighter Life LTD’s sole discretion.
20. DISPUTE RESOLUTION AND OTHER MISCELLANEOUS TERMS
For individuals outside the European Economic Area and where not restricted by law, the sole method for resolving disputes or claims related to this EULA or the Apps is BINDING ARBITRATION, managed by the American Arbitration Association. There will be one arbitrator, and the arbitration will occur in New York County, New York, with English as the language of the proceedings.
An exception to exclusive arbitration is that either party can bring an individual claim in a small-claims court within competent jurisdiction. If a dispute is initiated in arbitration and the responding party opts for small-claims court, the arbitration process will be closed administratively. The decision of whether to arbitrate or proceed in small-claims court will be made by the arbitrator if requested post their appointment. Regardless of the chosen forum, class actions, class arbitrations, or representative actions against the Company are not permitted.
By using the Apps, you agree to this arbitration agreement, relinquishing your right to a court trial for disputes with the Company, except those eligible for small claims court. Disputes will be resolved by a neutral arbitrator, not a judge or jury. Arbitration allows for a fair hearing and can grant similar relief to a court. Arbitration decisions are enforceable in court and can only be overturned by a court in limited situations. Enforcement of this arbitration agreement can be initiated in any court with competent jurisdiction. In the event this agreement is unenforceable, litigation against the Company can only occur in New York courts, to which you irrevocably consent jurisdiction for this purpose.
Governing Law
New York laws, excluding conflict of laws principles, govern all matters related to or arising from this EULA and the Apps' use.
EU and European Economic Area residents can access the European Commission's online dispute resolution platform at http://ec.europa.eu/odr. Lighter Life LTD does not engage in dispute resolution procedures before a consumer arbitration entity for members residing in the EU or European Economic Area.
No waiver by Lighter Life LTD of any EULA terms shall be implied from any failure to exercise, nor shall partial exercise of any right under this EULA inhibit further exercise of that or any other right. If any EULA provision is deemed unlawful or unenforceable, that provision will be severable, not affecting the validity and enforceability of remaining provisions.
Legal action related to the Apps must commence within three years after the cause of action arises; otherwise, it is permanently barred.
21. HOW TO CONTACT US
For inquiries about this EULA, please reach out via email at support@xemail.ai.
V. SUPPLEMENTAL TERMS
Under applicable laws and in addition to the aforementioned rights, remedies, and obligations, the following supplemental terms are applicable to your use of the Apps:
1. Third Party Content or Images
Some Apps include images and content licensed from third parties like Getty Images (US), Inc., Unsplash, Pexel, and Giphy ("Image Providers"). These providers do not endorse or support the Apps. By using these Apps, you agree that:
1. Images can only be used as permitted by the Apps, for digital display.
2. You cannot sell, modify, or re-use the Images beyond the Apps' functionality.
3. Images are prohibited from being used for unlawful purposes, in file-sharing, or as part of branding or logos.
4. When using Images with individuals for sensitive subjects, a disclaimer stating the image is for illustrative purposes must be included.
5. You cannot alter the metadata of the Images or manipulate the Apps to use the Images independently.
6. You are not granted any ownership or copyright to the Images.
7. If using Images from Unsplash, you must adhere to their terms found at https://unsplash.com/terms.
2. Youtube
Certain Apps might provide access to Youtube content. Your use of such Apps implies compliance with Youtube's Terms of Service, available at https://www.youtube.com/t/terms.
3. Apple App Store
For Apps accessed via Apple devices, you acknowledge:
1. The EULA is between Lighter Life LTD and you, not involving Apple.
2. Your license is limited to personal, non-commercial use on Apple devices as per Apple's App Store Usage Rules.
3. Apple bears no responsibility for the App or its content, nor provides any maintenance or support.
4. For any App non-conformity to warranties, you may contact Apple for a refund. Apple has no further warranty obligations.
5. Apple is not liable for addressing any claims related to the App or its use, including product liability, legal compliance, or consumer protection claims.
6. Apple is not responsible for investigating or resolving intellectual property infringement claims related to the App.
7. You confirm that you are not in a U.S. embargoed country or on any U.S. Government list of prohibited parties.
8. Apple and its subsidiaries are third-party beneficiaries of this EULA, with the right to enforce its terms against you.
9. Lighter Life LTD allows multiple users to use the Apps through Apple's Family Sharing or similar features.