Terms of service

 

 

Litesprite Terms of Service

Litesprite, Inc. is the maker of the Sinasprite mobile app (“Sinasprite”), a self-help tool and platform designed to improve health outcomes for a variety of chronic health conditions. This document describes in detail your rights and Litesprite’s rights relating to the provision of the Service (as defined below).

What Are the Terms of Service?

The Terms of Service constitutes a contract between Litesprite, Inc. and you. The Terms include the provisions set forth in this document and in the Litesprite Privacy Policy. Your use of the Sinasprite mobile application shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in Sinasprite (collectively, “Content”) and your personal information in accordance with such Privacy Policy.

What Is the Litesprite Service?

The Litesprite Service includes the Sinasprite mobile app (“Sinasprite”) and the backend database and services it communicates with, the Litesprite website, and other services made available by Litesprite and are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms.

If This Is a Contract, Who Are the Parties?

You, the Account Holder, are one party to this contract. An Account Holder is the person or entity who has contracted with Litesprite as a user of the Service either under a free or paid plan.

Litesprite, Inc., a company headquartered in Bellevue, Washington, USA is the other party to this contract.

Will These Terms of Service Ever Change?

These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we’ll notify you and, where required, seek your consent.

If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. If you wish to have your information removed from the Litesprite Service you may uninstall Sinasprite from any devices on which you have installed it and you may contact socks@litesprite.com to request your information be purged from the Litesprite’s database(s).

Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

What Do I Have to do to Use the Litepsite Service?

First, you need to create a Litesprite account. You create an account by providing us with a name, an email address, and creating a password; you typically create these by using Sinasprite which can be installed through the Apple App Store or Google Play Store. Collectively, these represent your “Basic Subscriber Information.” We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic User Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team via email to socks@litesprite.com.

Second, you will need to access your account through Sinasprite. Obtaining those devices and paying for their connectivity and data plans is your responsibility. Litesprite also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.

Can I Share My Account with Someone Else?

You should not share your account information. If you share your Basic Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. We will not have any liability to you (or anyone you share your Basic Subscriber Information with) as a result of your or their actions under those circumstances.

Once I Have an Account, What Are My Rights in the Litesprite Service?

Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. You do not obtain any other right or interest in Litesprite or the Service.

What Is the License I Have to Grant to Litesprite?

In order to enable Litesprite to operate the Litesprite Service, we must obtain from you certain limited rights to store and process your Content so that technical actions we take in operating the Service are not considered legal violations. Your Content information you provide while using Sinasprite and its features including but not limited to your Basic Subscriber Information, usage metadata, location metadata (if you enable it in your iOS or Android settings), and anything you type or enter into Sinasprite or provide in communications to Litesprite, Inc. outside of Sinasprite.

You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Litesprite to make such Content available to, and pass these rights along to, others with whom Litesprite has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Litesprite determines such access is necessary to comply with its legal obligations.

When you provide information to Litesprite you represent and warrant to Litesprite that (1) you have the unfettered legal rights and authority to submit your Content to Litesprite and to grant the rights granted to Litesprite under these Terms; and (2) your Content complies with these Terms.
Finally, you understand and agree that Litesprite, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

How do Litesprite’s subscriptions work?

You may use Sinasprite free of charge by downloading it from the Apple App Store or Google Play Store and signing up as described earlier in these Terms of Service. If you wish to unlock additional features within the app, Litesprite also offers a paid Premium Subscription version of Sinasprite. You can upgrade to the Premium Subscription within the app and your payment information will be processed by either the Apple App Store or Google Play Store. Monthly and Annual subscriptions will auto-renew when the current term expires and your card will be charged if you don’t cancel the subscription 24 hours before the end of the term.

You may cancel your subscription at any time using the App Store or Play Store. App Store instructions can be found here: https://support.apple.com/en-us/HT202039. Play Store instructions can be found here: https://support.google.com/googleplay/answer/7018481. Please note that uninstalling the app does not automatically cancel your subscription. If you have any trouble you may contact Litesprite at socks@liteprite.com using the email address that you used as part of your Basic Subscriber Information.

Are There Rules about What I Can Do on the Litesprite Service?

Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property or privacy rights), we reserve the right to remove such content.

What are Litesprite’s Rights Relating to the Service?

We do. They’re described here:

CONTENT RIGHTS.

While you own the Content you store within the Litesprite Service (subject to third party rights), you acknowledge and agree that Litesprite (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service.

INTELLECTUAL PROPERTY RIGHTS.

You agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Litesprite software or products, unless we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.

RIGHT TO MODIFY THE SERVICE.

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, and impose other limitations at any time, with or without notice. For example, if you use the Free version of the Sinasprite, you will not enjoy all of the benefits provided to subscribers of the Monthly or Annual subscription versions of Sinasprite.

You also acknowledge that a variety of Litesprite actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Litesprite has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber to the Monthly or Annual subscription versions of Sinasprite or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team at socks@litesprite.com, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.

RIGHT TO ENGAGE THIRD PARTIES.

If Litesprite engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, Litesprite may contract with third party resellers, insurance providers, or healthcare providers for those providers to offer parts or all of the Litesprite Service to their clients. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content.

Can Kids Use the Litesprite Service?

Any use by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.

Consistent with applicable law, Litesprite does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it.

Where Does My Data Go?

The Service is available worldwide, but your data is stored in the United States, as described in our Privacy Policy. If you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content) owned or leased by and managed by Litesprite. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

How is My Account Closed?

If you wish to have your information removed from the Litesprite Service you may uninstall Sinasprite from any devices on which you have installed it. You may also contact socks@litesprite.com to request your information be purged from the Litesprite’s database(s).

What Else Do I Need to Know?

THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.

We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall 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, materials or applications.

INDEMNITY.

You agree to indemnify and hold Litesprite, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.

b.THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LITESPRITE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

c.LITESPRITE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

d.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

e.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LITESPRITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LITESPRITE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF LITESPRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) LITESPRITE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS.

NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

What Do I Do If I Think I Have a Complaint or Claim Against Litesprite?

LET US KNOW ABOUT YOUR COMPLAINT.

We want to know if you have a problem so we encourage you to contact us at socks@litesprite.com if you have any concerns with respect to the operation of the Service or Litesprite, Inc. as we want to ensure that you have an excellent experience.

Finally…

A couple of final, but important, points.

These Terms constitute the entire agreement between you and Litesprite and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Litesprite for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.

The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

In the event of a conflict, the English language version shall govern.