Terms of Service

Application

This Terms of Service will apply to the use of and subscription to Services by you (the "User" or " You"). We are Light Stigma LLC, with email address: support@lightstigma.com; (hereinafter referred to as "Light Stigma" or " Us" or" We").
These are the terms on which we provide services to you. By using, ordering or subscribing to any of the Services, you agree to be bound by this Terms of Service.

Definition & Interpretation

Definition & Interpretation	Definitions used in throughout this Terms of Service shall have the respective meanings set forth below unless otherwise expressly provided
Application	means Deets.Run, the mobile application available on the iOS App Store, through which services and subscriptions are available.
Agreement	means this Terms of Service.
Content	means information obtained by Us from Our content licensors or publicly available sources and provided to You as more fully described in the Documentation.
Documentation	means Our online user guides, documentation, and help and training materials, as updated from time to time, accessible via Deets.Run website or the Deets.Run application.
Subscription Plan	means an ordering document specifying the Services to be provided hereunder that is entered into between You and Us or any of Our Affiliates, including any addenda and supplements thereto. By entering into a Subscription Plan hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
Subscribed Services	means Services that You purchase under a Subscription Plan.
Services	mean the analytics and visualizations of running data from workouts recorded via Apple Watch using the Deets.Run app, under a free trial or a Subscription Plan and made available by Us. Services exclude Content.
User, You or Your	means you, the User or other legal entity for which you are accepting this Agreement.
Your Data	means electronic data and information submitted by or for You to the Services or collected and processed by or for You using the Services;

Terms

The User here forth agrees to all of the following set forth in the Terms of Service:
All notices or other communications given or made hereunder shall be in writing and shall be delivered or mailed by registered or certified mail, return receipt requested, postage prepaid, to Light Stigma at its registered head office address.
This Agreement constitutes the entire Agreement between Light Stigma and the User with respect to the subject matter hereof and supersedes any prior or contemporaneous understanding, representations, warranties or Agreements, whether oral or written.

Subscription Plans

Deets.Run offers a baseline functionality of features at no additional cost to the User. Deets.Run offers additional functionality, called Deets Pro, which requires a subscription. Users may have access to a Free Trial period before being charged for Deets Pro. Using the App in the Free Trial will enable the full functionality of the app, for a limited time. A specific subscription to Deets Pro will be required to enable additional functionality for the length of the subscription.
Each subscription plan shall be reoccurring as of the date the subscription was purchased only through the Apple App Store. By accepting this Agreement, either by clicking a box indicating your acceptance or by executing a Subscription Plan that references this Agreement, you agree to the terms of this Agreement. If you are entering into this Agreement on behalf of Light Stigma or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.

Light Stigma's Responsibility

Provision of Subscribed Services. We will (a) make the Services and Content available to You pursuant to this Agreement and the applicable Subscription, (b) provide Our standard support for the Subscribed Services to You at no additional charge, and/or upgraded support if purchased, and (c) use commercially reasonable efforts to make the online Subscribed Services available 24 hours a day, 7 days a week, except for: (i) planned downtime and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, or denial of service attack.
Protection of Your Data. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the Subscribed Services and prevent or address service or technical problems, (b) as You expressly permit in writing.
Our Personnel. We will be responsible for the performance of Our personnel (including Our employees and contractors) and their compliance with Our obligations under this Agreement, except as otherwise specified herein.
Beta Services. From time to time, we may invite you to try Beta Services at no charge. You may accept or decline any such trial in your sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import. Beta Services are for evaluation purposes and not for production use, are not considered "Services" under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.

Use of Service

Your Responsibilities. You will (a) be responsible for Users' compliance with this Agreement, (b) be responsible for the accuracy, quality, and legality of Your Data and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify Us promptly of any such unauthorized access or use, (d) use Services and Content only in accordance with the Documentation and applicable laws and government regulations, and (e) comply with terms of service of Non- Light Stigma Applications with which You use Services or Content.
Usage Restrictions. You will not (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than You or Users, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) by using our Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) permit direct or indirect access to or use of any Service or Content in a way that circumvents a contractual usage limit, (h) copy a Service or any part, feature, function or user interface thereof, (i) copy Content except as permitted herein or in an Subscription Plan or the Documentation, (j) frame or mirror any part of any Service or Content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted in the Documentation, (k) access any Service or Content in order to build a competitive product or service, or (l) reverse engineer any Service (to the extent such restriction is permitted by law).
You hereby agree that in the occurrence of any application failure or inaccessibility, no payments will be refunded or prorated. Light Stigma will in good faith work to restore functionality without a specified time period.

Fees and Payment for Subscribed Services

Fees. You will pay all fees specified in Subscription. Except as otherwise specified herein or in a Subscription Plan, (i) fees are based on Services and Content purchased and not actual usage, (ii) payment obligations are non- cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.
Invoicing and Payment. All payments for subscriptions shall be made via the Apple App Store, and may be subject to additional terms as set forth in App Store Terms of Service.
Payment Disputes. The term for the purchased subscription will be as described in the App Store product page at the time of purchase. The cost of the subscription is subject to change without notice to the unsubscribed Users. A user may cancel the subscription, and the app will continue to offer "Deets Pro" features until the end of the subscription cycle.
Taxes. Aside from that which the App Store provides, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property, and employees.

Proprietary Rights and Licenses

Reservation of Rights. Subject to the limited rights expressly granted hereunder, Light Stigma shall reserve all of Our right, title and interest in and to the Services and Content, including all of Our related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. By subscribing to receive services, We grant to You a worldwide, limited-term license, under Our applicable intellectual property rights and licenses, to use application subscribed by You, subject to that Subscription, this Agreement, and the Documentation. Under no circumstance shall You seek to re-engineer or redistribute any and all products or services offered by Light Stigma.

Acceptable Use

The following terms constitute our "Acceptable Use Policy":
You agree not to use the App to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the App to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the App; (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (vii) assign or transfer your User Account to any other entity or person; (viii) continue to use the Services if your User Account has been suspended or restricted.

Confidentiality

"Confidential Information" means all information disclosed by or stored within the database of the application, which is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. You shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care).

Representation, Warranties, Exclusive Remedies

Each party represents that it has validly entered into this Agreement and has the legal power to do so.
We warrant that: (a) this Agreement, the Subscription, and the Documentation accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data, (b) We will not materially decrease the overall security of the Subscribed Services during a subscription term, (c) the Subscribed Services will perform materially in accordance with the applicable Documentation, (d) We will not materially decrease the functionality of the Subscribed Services during a subscription term, and (e) the Subscribed Services and Content will not introduce Malicious Code into Your systems.

Mutual Indemnification

We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of a Purchased Service in accordance with this Agreement infringes or misappropriates such third party's intellectual property rights (a "Claim Against You"), and will indemnify You from any damages, attorney fees, and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our expense.
If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Service so that it no longer infringes or misappropriates, without breaching Our warranties under Section 29 (Our Warranties), (ii) obtain a license for Your continued use of that Service in accordance with this Agreement, or (iii) terminate Your subscriptions for that Service upon 30 days' written notice and refund You any prepaid fees covering the remainder of the term of the terminated subscriptions.
You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of any Service or Content in breach of this Agreement, infringes or misappropriates such third party's intellectual property rights or violates applicable law (a "Claim Against Us"), and will indemnify Us from any damages, attorney fees, and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We shall: (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.
The indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section 9.
If a dispute arises under this Agreement, We shall agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in the United States. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to court.

Limitation of Liability & Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIGHT STIGMA LLC DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS PORTALS AND/OR SERVICES AND ANY CONTENT OBTAINED THROUGH THE PLATFORMS AND/OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
LIGHT STIGMA LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: (1) THAT ITS PLATFORM AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) THAT THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH ITS PLATFORM AND/OR SERVICES WILL MEET YOUR EXPECTATIONS; (3) THAT THE OPERATION OF THE PLATFORM AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; OR (4) THAT THE PLATFORM, OUR SERVERS, OR COMMUNICATIONS SENT FROM LIGHT STIGMA LLC WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR PLATFORM AND/OR SERVICES.
NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF OURS HAS ANY AUTHORITY TO BIND US TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY RELATING TO OUR PRODUCTS AND/OR SERVICES OTHER THAN AS SPECIFICALLY PROVIDED HEREIN.
LIGHT STIGMA'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LIGHT STIGMA LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. LIGHT STIGMA LLC MAKES NO REPRESENTATION AND DOES NOT GUARANTEE SUCH THINGS AS QUALITY, SUITABILITY OR RELIABILITY OF THE SERVICES, WHICH INCLUDES SUCH THINGS AS THE QUALITY, FUNCTIONALITY, AVAILABILITY OF ANY VEHICLE, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. LIGHT STIGMA LLC DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, NOR DOES IT REPRESENT OR WARRANTY A PARTICULAR QUALITY, SUITABILITY OR SAFETY. YOU AGREE THAT ANY AND ALL RISK ARISING OUT OF USING THE SERVICES REMAINS SOLELY WITH YOU, TO THE EXTENT ALLOWED UNDER ALL APPLICABLE LAW. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT LIGHT STIGMA LLC OR THE APP DEETS.RUN DOES NOT PROVIDE ANY SORT OF MEDICAL OR HEALTH ADVICE. THE CONTENT PROVIDED THROUGH THE APP AND WEBSITE, WHETHER PROVIDED BY US OR ANY THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PROVIDED BY THIS APP, AND THE APP OR ANY CONTENT IN THE APP SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OF ANY KIND. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE ANY SORT OF A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND LIGHT STIGMA LLC.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE DATA USED IN THE APP MAY CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR EVEN DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF LIGHT STIGMA LLC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

Term and Termination

This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated.
The term of each subscription shall be as specified in the applicable Subscription Plan. Except as otherwise specified in a Subscription Plan, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless cancelled.
We may terminate this Agreement for any of the following (i) upon a written 30 days' notice to the other party, of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Refund or Payment upon Termination. You may terminate this agreement and discontinue use of Our Services, but that shall not grant You any refund, unless required by law. Under no circumstance shall termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.
The Sections titled "Fees and Payment for Purchase Services," "Proprietary Rights and Licenses," "Confidentiality," "Disclaimers," "Mutual Indemnification," "Limitation of Liability," "Refund or Payment upon Termination," "Portability and Deletion of Your Data," "Who You Are Contracting With, Notices, Governing Law and Jurisdiction," and "General Provisions" will survive any termination or expiration if this Agreement.

Arbitration

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Light Stigma and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of the Platform or Service that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Light Stigma, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ( "Notice" ) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Light Stigma should be sent to Light Stigma's email address or via written mail. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. All disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the United States Federal Arbitration Act. Proceedings shall be referred to American Arbitration Association (AAA). The Parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitration shall take place within United States. All documents, materials, and information in the possession of each party that is in any way relevant to the dispute shall be made available to the other Party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The AAA reserves the right to have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by AAA shall be final and binding on the Parties, and judgment may be entered in conformity with the decision in any US State courts. The Contract to arbitration shall be specifically enforceable under the United States Federal Arbitration Act. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Light Stigma pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Light Stigma, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Light Stigma.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event, any litigation should arise between you and Light Stigma in any provincial or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LIGHT STIGMA agrees to WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute is resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Privacy Policy. We care about data privacy and security. By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the App is hosted in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Data Protection Act 2018, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the App as quickly as is reasonably practical.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Light Stigma.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a provincial or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

Statute of Limitations

You and Light Stigma agree that regardless of any provincial law to the contrary, any claim or cause of action arising out of or related to this Agreement, our Platform, our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General Provisions

If one or more of these Terms are found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms of Service (which will remain valid and enforceable)

Contact Information

Light Stigma LLC

Email: support@lightstigma.com