Legal
Terms of Service
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These Terms of Service govern access to and use of the Lightnit automation platform, including its website, Dashboard, webhook endpoints and integrations.
01Acceptance of Terms
1.1Binding Agreement
These Terms of Service (the “Terms”) constitute a binding agreement between Lightnit (“Lightnit”, “we”, “us” or “our”) and the individual or entity that registers for, accesses or uses the Service (“Customer” or “you”). These Terms govern access to and use of the Lightnit automation platform, including the website at lightnit.com, the Dashboard, webhook endpoints, integrations and all related software and services (collectively, the “Service”). By creating an account, accepting these Terms or accessing or using the Service, Customer agrees to be bound by these Terms. Customer may not access or use the Service without accepting these Terms.
1.2Privacy Policy
The Lightnit Privacy Policy describes how Lightnit collects, uses, discloses and protects personal information and is incorporated into these Terms by reference.
1.4Eligibility
The Service is offered for business and professional use. Customer represents and warrants that:
- (a)if an individual, Customer is at least 16 years of age and has the legal capacity to enter into a binding contract;
- (b)Customer is not prohibited from receiving the Service under the laws of the United States or any other applicable jurisdiction, including applicable sanctions and export control laws; and
- (c)Customer will access and use the Service only in compliance with these Terms and all applicable laws and regulations.
1.5Definitions
In these Terms, the following capitalized terms have the meanings set out below:
- “Account Data”
- means the information Customer provides to register and administer its account, including name, email address and billing identifiers.
- “Billable Execution”
- means an Execution that completes with a status of success or failure. An Execution that does not satisfy its Nit’s Filter is recorded as filtered out and is not a Billable Execution.
- “Bolt”
- means the action component of a Nit, such as an HTTP POST request, a Discord webhook message, a Google Sheets row append or a Gmail message.
- “Customer Data”
- means all data, content and information, other than Account Data, submitted to, received by or processed through the Service by or on behalf of Customer, including Nit configurations, inbound webhook payloads and request metadata, execution logs and responses received from Destinations.
- “Dashboard”
- means the web-based console through which Customer configures and manages its use of the Service.
- “Destination”
- means any endpoint, channel, spreadsheet, email recipient or other system to which a Bolt delivers data at Customer’s direction.
- “Execution”
- means a single run of a Nit initiated by its Spark.
- “Filter”
- means the optional set of conditions within a Nit that determines whether an Execution proceeds to its Bolt.
- “Nit”
- means an automation workflow configured in the Service, consisting of a Spark, an optional Filter and a Bolt.
- “Plan”
- means the service tier to which Customer’s account is subscribed (Starter, Pro or Agency), together with its associated features and limits.
- “Spark”
- means the trigger component of a Nit, being either an inbound HTTP request to the Nit’s webhook endpoint URL or a manual run initiated from the Dashboard.
- “Subscription”
- means Customer’s subscription to a paid Plan.
- “Third-Party Services”
- means products, services, platforms and APIs that are not provided by Lightnit, including Stripe, Google, Discord and any Destination.
02Account Terms & Access
2.1Registration
Customer must register for an account to use the Service. Customer shall provide accurate, current and complete registration information and shall keep that information up to date. Accounts may not be registered by automated means.
2.2Account Security
Customer is responsible for maintaining the confidentiality of its account credentials and webhook endpoint URLs and for all activities that occur under its account, whether or not authorized by Customer. Customer shall notify Lightnit without delay at support@lightnit.com upon becoming aware of any unauthorized access to or use of its account. Lightnit is not liable for any loss or damage arising from Customer’s failure to safeguard its credentials.
2.3Right to Access and Use
Subject to Customer’s continued compliance with these Terms, including payment of all applicable fees, Lightnit grants Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable right, during the term of these Terms, to access and use the Service within the limits of Customer’s Plan for Customer’s business purposes. Customer may use the Service to build and operate Nits on behalf of its own clients, provided that Customer remains responsible for all such use and for its clients’ compliance with these Terms.
2.4Acceptable Use and Prohibited Conduct
Customer shall not, and shall not permit any third party to:
- (a)use the Service in violation of any applicable law or regulation, or in a manner that infringes, misappropriates or violates the intellectual property, privacy, publicity or other rights of any person;
- (b)transmit through the Service any content that is unlawful, fraudulent, deceptive, defamatory, harassing or obscene, or that contains viruses, malware or other harmful code;
- (c)probe, scan or test the vulnerability of the Service, or breach or circumvent any security, authentication or access-control measure, except as expressly authorized by Lightnit in writing;
- (d)interfere with or disrupt the integrity or performance of the Service, or impose an unreasonable or disproportionately large load on Lightnit’s infrastructure;
- (e)copy, modify, translate or create derivative works of the Service, or decompile, disassemble or reverse engineer any part of the Service, except to the extent such restriction is prohibited by applicable law;
- (f)sell, resell, license, rent or lease access to the Service as a standalone offering, or access the Service in order to build a competing product or service;
- (g)use the Service in breach of the terms or policies of any Third-Party Service, including those of Google, Discord and Stripe; or
- (h)engage in any conduct prohibited by Section 3.
2.5Customer Responsibilities
Customer is solely responsible for:
- (a)the configuration of its Nits, including Sparks, Filters, templates and Destinations;
- (b)the accuracy, quality, integrity and legality of Customer Data and of the means by which Customer acquired it;
- (c)obtaining all rights, consents and authorizations necessary to submit Customer Data to the Service and to direct its transmission to each Destination;
- (d)its own systems, Destinations and Third-Party Service accounts; and
- (e)testing and monitoring its Nits, including reviewing execution logs, and all decisions made or actions taken on the basis of their output.
03API & Webhook Usage Guidelines
3.1Webhook Endpoints as Credentials
Each Nit configured with a webhook Spark is assigned a unique, randomly generated endpoint URL. An endpoint URL functions as a bearer credential: any party in possession of it can trigger the associated Nit. Customer shall:
- (a)treat each endpoint URL as confidential and disclose it only to the systems and personnel that require it;
- (b)not publish any endpoint URL in client-side code, public repositories, documentation or other publicly accessible locations; and
- (c)rotate an endpoint URL from the Dashboard without delay if Customer knows or suspects that it has been exposed to an unauthorized party.
Rotation invalidates the previous endpoint URL immediately. Customer is responsible for all Executions initiated through its endpoint URLs, and all such Executions are subject to the limits of Customer’s Plan.
3.2Inbound Requests
Inbound webhook requests must be sent to a valid endpoint URL using the POST, PUT or PATCH method, and each request body must not exceed 1 MB. Lightnit rejects requests that are malformed, that exceed applicable size or rate limits, or that are addressed to a Nit that is paused, deleted, suspended or not configured with a webhook Spark.
3.3Rate Limits and Usage Limits
Inbound webhook requests are subject to per-Nit rate limits that vary by Plan:
- Starter: 60 requests per minute per Nit.
- Pro: 600 requests per minute per Nit.
- Agency: 3,000 requests per minute per Nit.
In addition, the Starter Plan is limited to 1,000 Billable Executions per calendar month, measured in Coordinated Universal Time (UTC).
Lightnit may also apply per-source rate limits to protect the Service. Requests that exceed a rate limit or a monthly execution limit receive an HTTP 429 (Too Many Requests) response and are not processed. Customer shall design its integrations to honor rate-limit responses and to retry with appropriate backoff. Plans that include unlimited Nits or Billable Executions remain subject to these rate limits and to Section 3.6.
3.4Network Protections and Prohibited Targets
Bolts deliver data only to publicly routable destinations. Lightnit applies server-side request forgery (SSRF) protections that block outbound requests to private, loopback, link-local and cloud-metadata address ranges. Customer shall not, directly or indirectly:
- (a)configure, or attempt to configure, any Bolt to reach private networks, internal services, loopback interfaces or cloud-metadata services;
- (b)circumvent, or attempt to circumvent, Lightnit’s SSRF protections, including through DNS rebinding, HTTP redirects, alternative address encodings or intermediary proxies;
- (c)circumvent, or attempt to circumvent, rate limits, Plan limits or usage metering, including by distributing traffic across multiple accounts or Nits; or
- (d)use the Service to scan, probe, attack or overload any system, network or Destination that Customer does not own or is not authorized to access.
3.5Bolt Content and Messaging
Customer shall not use any Bolt to send:
- (a)unsolicited commercial communications, bulk messages or spam, including through Gmail or Discord Bolts;
- (b)phishing messages, malware or other deceptive or harmful content; or
- (c)content that is unlawful or that violates the rights of any person.
Customer is solely responsible for compliance with all anti-spam, electronic marketing, consumer protection and data protection laws applicable to communications sent through its Nits, including obtaining any required recipient consents.
3.6Throttling and Suspension of Nits
Lightnit may, without liability, throttle, deactivate or suspend any Nit, endpoint URL or Bolt that Lightnit reasonably determines:
- (a)violates these Terms;
- (b)has been compromised or is being used by an unauthorized party;
- (c)generates traffic that threatens the security, stability or availability of the Service or of other customers; or
- (d)exposes Lightnit or any third party to legal liability.
Where reasonably practicable, Lightnit will notify Customer in advance and provide an opportunity to remedy the issue. Lightnit may act without prior notice where necessary to prevent imminent harm to the Service, its customers or any third party.
3.7Delivery to Destinations
Lightnit executes each Bolt in accordance with the configuration of its Nit. Lightnit does not guarantee that any Destination will accept, process or respond to a request; Destinations may be unavailable, may rate-limit or reject requests, or may change their interfaces without notice. Customer is responsible for monitoring its execution logs and for implementing any retry, reconciliation or idempotency controls its use case requires.
04Subscriptions, Free Trials & Billing
4.1Plans
Lightnit offers the Plans set out below. The features, limits and prices of each Plan are as published on the Lightnit website and in the Dashboard at the time of purchase.
- Starter (free of charge): up to 3 Nits; 1,000 Billable Executions per calendar month; 60 webhook requests per minute per Nit; 7-day execution history; and HTTP POST and Discord Webhook Bolts.
- Pro (US$29 per month): unlimited Nits; unlimited Billable Executions; 600 webhook requests per minute per Nit; 30-day execution history; and all Bolt types.
- Agency (US$99 per month): unlimited Nits; unlimited Billable Executions; 3,000 webhook requests per minute per Nit; 365-day execution history; and all Bolt types.
Monthly execution limits are measured in Billable Executions per calendar month in Coordinated Universal Time (UTC). Executions that do not satisfy a Filter do not count toward the monthly execution limit but remain subject to the webhook rate limits in Section 3.3.
4.2Subscription Term and Automatic Renewal
Subscriptions are billed monthly in advance in U.S. dollars. By providing a payment method, Customer authorizes Lightnit, through its payment processor, to charge all fees for the Subscription, including renewal fees, to that payment method.
Each Subscription renews automatically for successive one-month periods at the then-current price unless Customer cancels it before the end of the current billing period.
4.3Payment Processing
All payments are processed by Stripe. Payment card details are submitted directly to Stripe, and Lightnit does not receive or store full payment card numbers. Customer’s use of Stripe’s payment services is subject to Stripe’s terms and privacy policy. Customer shall keep its payment and billing information current.
4.4Free Trials and Launch Offer
Lightnit may offer free trials of paid Plans from time to time. Under Lightnit’s launch offer, promotional code LIGHTNIT3MO provides a 90-day free trial on Customer’s first Subscription to the Pro or Agency Plan, subject to the following conditions:
- (a)the trial is available only on Customer’s first Subscription; a Customer that has previously held any Subscription, including a canceled Subscription, is not eligible;
- (b)each Customer may receive one trial, and registering additional accounts to obtain further trials is prohibited;
- (c)the launch offer may not be combined with any other promotion code or discount;
- (d)
Unless Customer cancels before the trial period ends, the Subscription converts automatically to a paid Subscription at the end of the trial, and the payment method provided at checkout will be charged the then-current price of the selected Plan, renewing monthly until canceled; and
- (e)Lightnit may modify or discontinue the launch offer for new sign-ups at any time; trials already in progress will be honored for their full duration.
4.5Taxes
All fees are exclusive of taxes. Customer is responsible for all sales, use, value-added, goods and services, withholding and similar taxes, duties and levies associated with its purchases, excluding taxes based on Lightnit’s net income. Where Lightnit or its payment processor is required to collect such taxes, they will be added to Customer’s invoice.
4.6Failed Payments
If a charge is declined or otherwise fails, Lightnit, through its payment processor, may reattempt the charge. If payment remains outstanding, Lightnit may cancel the Subscription, whereupon Customer’s account reverts to the Starter Plan and Section 4.8 applies.
4.7Plan Changes and Cancellation
Customer may upgrade, downgrade or cancel its Subscription at any time through the Stripe customer portal, accessible from Dashboard → Billing. Plan changes take effect as presented in the customer portal at the time of the change. Upon cancellation, the Subscription and its paid features remain available until the end of the then-current billing period, after which Customer’s account reverts to the Starter Plan.
4.8Effect of a Downgrade
When an account moves to a lower Plan, whether by downgrade, cancellation, expiry of a trial or non-payment, the limits of the lower Plan apply from the time the change takes effect, as follows:
- (a)existing Nits are retained, but Customer may not create additional Nits while its number of Nits equals or exceeds the lower Plan’s Nit limit;
- (b)the lower Plan’s monthly Billable Execution limit and rate limits apply;
- (c)Nits configured with a Bolt type that is not included in the lower Plan will not execute that Bolt, and their Executions will be recorded as failed, and will count as Billable Executions, until Customer upgrades or reconfigures the Nit; and
- (d)execution logs older than the lower Plan’s execution history window cease to be accessible and are deleted by automated retention processes, and Lightnit has no obligation to restore them.
4.9Refunds
Except as expressly provided in these Terms or as required by applicable law, all fees are non-refundable, and no refunds or credits will be issued for partial billing periods, unused Executions or capacity, downgrades, or periods during which the Service was not used.
4.10Price Changes
Lightnit may change the prices or features of its Plans. Lightnit will provide at least thirty (30) days’ prior notice, by email or through the Dashboard, of any price increase applicable to Customer’s Subscription. The new price applies from Customer’s first billing period beginning after the notice period. Customer may cancel its Subscription in accordance with Section 4.7 before the new price takes effect.
05Proprietary Rights
5.1Lightnit Property
Lightnit and its licensors own all right, title and interest, including all intellectual property rights, in and to the Service, the Dashboard, the underlying software and documentation, all improvements, enhancements, modifications and derivative works of any of the foregoing, and the Lightnit name, logos and trademarks. Except for the limited rights expressly granted in Section 2.3, these Terms grant Customer no rights, whether by implication, estoppel or otherwise, and all rights not expressly granted are reserved by Lightnit.
5.2Customer Data
As between the parties, Customer retains all right, title and interest in and to Customer Data and the Nits it configures. Customer grants Lightnit and its subprocessors a worldwide, non-exclusive, royalty-free license, during the term of these Terms, to host, copy, store, process, transmit and display Customer Data solely as necessary to provide, maintain, secure and support the Service in accordance with these Terms and the Privacy Policy. Lightnit does not sell Customer Data and does not use it for advertising.
5.3Feedback
If Customer provides suggestions, ideas or other feedback concerning the Service, Lightnit may use and incorporate such feedback without restriction and without any obligation to Customer.
06Data Processing & Security
6.1Roles of the Parties
With respect to personal data contained in Customer Data, Customer acts as controller (or as processor on behalf of its own clients), and Lightnit processes such personal data as a processor and service provider on Customer’s behalf. Customer’s configuration of its Nits and its use of the Dashboard constitute Customer’s complete and documented instructions to Lightnit for the processing of Customer Data. Lightnit processes Account Data as a controller in accordance with the Privacy Policy.
6.2Data Processed
In providing the Service, Lightnit processes the following categories of data:
- (a)Account Data, including name, email address, a bcrypt hash of the account password, account role, and Plan and Subscription identifiers received from Stripe;
- (b)Nit configurations, including destination URLs, templates and Filter conditions;
- (c)execution logs, consisting of the inbound trigger payload (stored up to 65,536 characters), the result of each Filter condition (including the value evaluated) together with the Bolt outcome and Destination response (stored up to 16,384 characters in aggregate), and the execution status and latency;
- (d)monthly usage counts, recording the number of Billable Executions per account per calendar month in UTC; and
- (e)where Customer connects a Google account, encrypted OAuth tokens and the email address of the connected account.
Inbound webhook request headers and query parameters are made available to Filters and templates during an Execution. Cookies, authorization credentials, proxy and content delivery network routing headers and client IP address headers are discarded on receipt and are neither stored nor made available to Nits.
Client IP addresses are evaluated transiently in memory to enforce rate limits and are not stored by Lightnit. Lightnit’s hosting provider may retain standard server access logs for security and reliability purposes.
6.3Retention and Deletion
Execution logs are retained for the execution history window of Customer’s current Plan (7 days on the Starter Plan, 30 days on the Pro Plan and 365 days on the Agency Plan). Logs cease to be accessible when that window expires and are thereafter deleted by automated processes. Deleting a Nit permanently deletes its execution logs. Account Data and Nit configurations are retained for as long as the account remains open.
Customer may request deletion of its account and associated data by emailing support@lightnit.com from the email address associated with the account. Lightnit will complete deletion within thirty (30) days of a verified request, except for records that Lightnit is required to retain to comply with legal, tax or accounting obligations.
6.4Security Measures
Lightnit maintains administrative, technical and organizational measures designed to protect Customer Data against unauthorized access, disclosure, alteration and loss, including:
- (a)AES-256-GCM authenticated encryption at rest for administrator-managed platform API keys and for OAuth tokens;
- (b)bcrypt hashing of account passwords;
- (c)encryption of all traffic in transit using HTTPS, enforced with HTTP Strict Transport Security (HSTS);
- (d)signed session tokens stored in HttpOnly, SameSite cookies;
- (e)SSRF protections applied to all outbound Bolt requests;
- (f)role-based access controls restricting administrative functions; and
- (g)rate limiting of inbound requests.
Customer acknowledges that no security measure eliminates all risk, and Lightnit does not warrant that Customer Data will be free from unauthorized access.
6.5Security Incidents
Lightnit will notify affected Customers without undue delay, and in any event within the period required by applicable law, after becoming aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data stored by Lightnit, and will provide the information reasonably available to Lightnit to assist Customer in meeting its own obligations.
6.6Subprocessors
Lightnit engages the following subprocessors in providing the Service:
- Stripe: payment processing and subscription management;
- Google: execution of Google Sheets and Gmail Bolts, solely where Customer connects a Google account; and
- Hostinger: infrastructure hosting and database storage.
Lightnit may engage additional or replacement subprocessors and will identify them in these Terms or in the Privacy Policy.
6.7Customer-Directed Transfers
Destinations configured by Customer are not subprocessors of Lightnit. When a Nit delivers Customer Data to a Destination, the transfer is made at Customer’s direction, and the Destination’s processing, security and retention of that data are governed solely by the arrangements between Customer and the provider of that Destination. Lightnit has no responsibility or liability for any Destination’s handling of Customer Data.
6.8Google User Data
Where Customer connects a Google account, Lightnit requests only the permissions required to append rows to Google Sheets, send email through Gmail and identify the connected account. Lightnit’s use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Customer may disconnect its Google account at any time from the Dashboard, whereupon Lightnit revokes the access token and deletes the stored credentials.
6.9Restricted Data
Unless otherwise agreed in writing by Lightnit, Customer shall not use the Service to transmit or store full payment card numbers, protected health information, government-issued identification numbers or other categories of data subject to heightened regulatory requirements, except where Customer is permitted by applicable law to do so and has determined that the Service is appropriate for that data. Lightnit has no liability for data processed in breach of this Section 6.9.
6.10International Transfers
Lightnit and its subprocessors may process data in countries other than the country in which Customer is located. Where required by applicable law, such transfers are subject to appropriate safeguards, such as standard contractual clauses.
6.11Vulnerability Reporting
Customer shall report any suspected security vulnerability in the Service to support@lightnit.com and shall not publicly disclose it before Lightnit has had a reasonable opportunity to investigate and remediate it.
07Limitation of Liability
7.1Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available.” Lightnit and its licensors and suppliers disclaim all warranties, whether express, implied, statutory or otherwise, including all warranties of merchantability, fitness for a particular purpose, title and non-infringement, and all warranties arising from course of dealing or usage of trade.
Lightnit does not warrant that the Service will be uninterrupted, error-free or secure, that any Bolt will be delivered to or accepted by a Destination, or that any Third-Party Service will be available. Unless otherwise agreed in a written agreement signed by Lightnit, the Service is provided without any service level commitment.
7.2Exclusion of Consequential Damages
To the maximum extent permitted by applicable law, in no event will Lightnit or its affiliates, officers, directors, employees, agents, licensors or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, or costs of procurement of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, whether in contract, tort (including negligence), strict liability or otherwise, even if Lightnit has been advised of the possibility of such damages.
7.3Limitation of Aggregate Liability
To the maximum extent permitted by applicable law, Lightnit’s total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amounts paid by Customer to Lightnit for the Service in the twelve (12) months preceding the date on which the claim arose, and (b) one hundred U.S. dollars (US$100).
7.4Scope of Limitations
The exclusions and limitations in this Section 7 apply even if any limited remedy fails of its essential purpose, and they form an essential basis of the bargain between the parties. Where applicable law does not permit the exclusion or limitation of certain warranties or liabilities, those exclusions and limitations apply to the fullest extent permitted by such law.
08Governing Law
8.1Applicable Law
These Terms, and any dispute, claim or controversy arising out of or relating to these Terms or the Service (each, a “Dispute”), are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
8.2Venue and Jurisdiction
Subject to Section 8.3 and Section 8.4, each Dispute shall be brought exclusively in the state and federal courts located in the State of Delaware. Each party irrevocably submits to the personal jurisdiction and venue of those courts and waives any objection to such courts on the grounds of inconvenient forum.
8.3Informal Resolution
Before commencing any proceeding, a party shall notify the other party of the Dispute in writing (in the case of notices to Lightnit, at support@lightnit.com), and the parties shall attempt in good faith to resolve the Dispute for a period of at least thirty (30) days following delivery of that notice.
8.4Equitable Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or use of the Service.
8.5Mandatory Law
Nothing in this Section 8 deprives a Customer acting as a consumer of the protection afforded by mandatory provisions of the law of the country in which that Customer resides.
09Term, Suspension & Termination
9.1Term
These Terms commence on the date Customer first accepts them or first accesses the Service and remain in effect until Customer’s account is closed or these Terms are terminated in accordance with this Section 9.
9.2Termination by Customer
Customer may stop using the Service at any time, may cancel any Subscription in accordance with Section 4.7, and may close its account by written request to support@lightnit.com.
9.3Suspension
Lightnit may suspend Customer’s access to all or part of the Service, without liability, if:
- (a)
- (b)any fees owed by Customer remain unpaid;
- (c)Lightnit reasonably determines that Customer’s use of the Service poses a security risk to the Service or to any third party, may adversely affect the Service or other customers, or may subject Lightnit to liability; or
- (d)suspension is required by law or by order of a competent authority.
Lightnit will use reasonable efforts to notify Customer of any suspension and will restore access once the cause of the suspension has been resolved.
9.4Termination by Lightnit
Lightnit may terminate these Terms and close Customer’s account:
- (a)upon notice, if Customer materially breaches these Terms and, where the breach is capable of cure, fails to cure it within fifteen (15) days after receiving notice of the breach;
- (b)immediately upon notice, if Customer breaches Section 3.4 or Section 3.5, or if termination is required by law; or
- (c)for any other reason upon at least thirty (30) days’ prior notice, in which case Lightnit will refund any prepaid fees attributable to the period following termination.
9.5Effect of Termination
Upon termination of these Terms:
- (a)all rights granted to Customer under these Terms terminate, and Customer shall cease all use of the Service;
- (b)Customer’s webhook endpoint URLs cease to accept requests;
- (c)Customer remains liable for all fees accrued before the effective date of termination; and
- (d)Lightnit will delete Customer Data in accordance with Section 6.3 and the Privacy Policy.
Customer is responsible for retaining copies of any Customer Data it requires before termination.
9.6Survival
Section 2.5, Section 4 (with respect to fees accrued before termination), Section 5, Section 7, Section 8, Section 9.5, Section 10, Section 14 and any other provision that by its nature is intended to survive will survive termination of these Terms.
10Indemnification
10.1Indemnification by Customer
Customer shall defend, indemnify and hold harmless Lightnit and its affiliates, officers, directors, employees and agents from and against any claim, demand, suit or proceeding brought by a third party, and all resulting losses, damages, liabilities, settlements, costs and expenses (including reasonable attorneys’ fees), arising out of or relating to:
- (a)Customer Data, including its transmission to any Destination;
- (b)Customer’s Nits and the Destinations Customer configures;
- (c)Customer’s breach of these Terms; or
- (d)Customer’s violation of applicable law or of the rights of any third party.
10.2Procedure
Lightnit will provide Customer with prompt written notice of any claim subject to indemnification, reasonable cooperation at Customer’s expense, and sole control of the defense and settlement of the claim, provided that Customer may not settle any claim in a manner that imposes any obligation on, or requires any admission by, Lightnit without Lightnit’s prior written consent. Lightnit may participate in the defense of any claim with counsel of its choosing at its own expense.
11Third-Party Services
11.1Third-Party Terms
The Service interoperates with Third-Party Services, including Google, Discord, Stripe and the Destinations Customer configures. Customer’s use of any Third-Party Service is governed by the terms and policies of its provider, and Customer is responsible for complying with them.
11.2Availability of Third-Party Services
Lightnit does not control and is not responsible for the availability, security, functionality or content of any Third-Party Service. Changes, outages or restrictions imposed by a Third-Party Service provider may cause Bolts to fail or features to become unavailable, and Lightnit has no liability in respect of any such event.
12Modifications to the Service
12.1Changes to Features
Lightnit continuously develops the Service and may add, modify or discontinue features, integrations or Bolt types at any time. Where Lightnit discontinues functionality in a manner that materially reduces the core functionality of a paid Plan during a Subscription, Lightnit will provide reasonable advance notice to affected Customers.
12.2Maintenance
Lightnit may perform scheduled or emergency maintenance that temporarily interrupts the Service. Lightnit will use commercially reasonable efforts to schedule planned maintenance so as to minimize disruption to Customers.
13Changes to these Terms
13.1Updates
Lightnit may amend these Terms from time to time. Lightnit will post amended Terms on this page and update the “Last updated” date above. For material amendments, Lightnit will notify Customer by email or through the Dashboard at least thirty (30) days before the amendments take effect.
13.2Acceptance of Updated Terms
Customer’s continued access to or use of the Service after amended Terms take effect constitutes acceptance of the amended Terms. A Customer that does not agree to amended Terms shall stop using the Service and cancel any Subscription before the amendments take effect.
14General Provisions
14.1Entire Agreement
These Terms, together with the Privacy Policy and the Plan details accepted through the Service, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior and contemporaneous agreements, proposals and representations, whether written or oral. Any terms contained in a purchase order or other document issued by Customer are of no force or effect.
14.2Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect.
14.3Assignment
Customer may not assign or transfer these Terms, by operation of law or otherwise, without Lightnit’s prior written consent. Lightnit may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section 14.3 is void. These Terms bind and benefit the parties and their respective successors and permitted assigns.
14.4No Waiver
No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right. A waiver is effective only if made in writing and signed by the waiving party.
14.5Force Majeure
Neither party is liable for any failure or delay in performance, other than an obligation to pay fees, caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, acts of government, failures of utilities, telecommunications or internet networks, failures of Third-Party Services or hosting providers, and denial-of-service attacks.
14.6Notices
Lightnit may provide notices to Customer by email to the address associated with Customer’s account or through the Dashboard. Notices to Lightnit must be sent by email to support@lightnit.com. Notices sent by email are deemed given when sent, unless the sender receives notice of a delivery failure.
14.7Relationship of the Parties
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries of these Terms.
14.8Export Controls and Sanctions
Customer shall comply with all applicable export control and economic sanctions laws in its use of the Service and shall not access or use the Service in, or for the benefit of, any embargoed country or region or any person identified on a restricted-party list maintained by the United States or any other applicable jurisdiction.
14.9Interpretation
Section headings are for convenience only and do not affect interpretation. The words “including” and “include” mean “including without limitation.”
15Contact
Questions concerning these Terms, billing or security matters may be directed to Lightnit at support@lightnit.com. Legal notices must be given in accordance with Section 14.6.