Terms of Service
BEFORE YOU USE OUR SERVICES, PLEASE READ THESE TERMS CAREFULLY. BY ACKNOWLEDGING AND USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY, TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON YOUR OWN OR ON BEHALF OF ANY GROUP OR ENTITY YOU REPRESENT. IF APPLICABLE, YOU HEREBY COVENANT TO ENSURE THAT ALL FUTURE USERS THAT GAIN ACCESS TO OUR SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE OUR SERVICES.
If you, or the entity for which you are representing, have a separate binding, written or click through agreement in place with Lightster Inc. with respect to the Services, these Terms shall take precedence over other Agreements unless otherwise indicated by that Agreement.
Please familiarize yourself with the following key definitions:
“we”, “us”, “our”: refers to Lightster Inc.;
“User”: refers to a user of the Services, or the entity that represents a User, and does not extend to Creators;
“Lightster Inc. Content”: means any and all content, other than Non-Lightster Inc. Content, which exists within, or is added to, the Services at any time, wherein Lightster Inc. is the sole owner, including, but not limited to, text content, notifications, emails, videos, images and audio content;
“App”: means any downloadable applications we make available to Users and Creators;
“Site”: refers to https://www.lightster.co and its subdomains;
“Services”: means any software or services we make available to Users and Creators, including, but not limited to, the Site or App;
“Non-Lightster Inc. Content”: means any content submitted to our Services by Creators, Users, for the sole purpose of using our Services; and
“Creators”: refers to organizations and individuals seeking to conduct market research or co-creation with Users.
“Project”: refers to a chat, an audio, or a video call for the purpose of conducting marketing research and co-creation between a Creator and a User.
ACCEPTANCE OF TERMS
SECTION 1 – GENERAL TERMS
1.1 Licence to Use
Subject to these Terms and any other agreement between you and us, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use our Services solely in the manner enabled by us. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services, and we reserve all rights not expressly granted under these Terms.
1.2 Use Restrictions
By agreeing to these Terms and using the Services, you shall not, and shall not authorize or facilitate any attempt by another person to use our Services, to:
- sell, rent, transfer, publish, disclose, distribute, display or otherwise make available our Services to third parties, including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms;
- damage, disable, overburden, impair or interfere with any other party’s use of our Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services;
- use false or misleading information, including creating a false identity, in connection with your user account, or impersonate any other person living or dead;
- upload or send any Non-Lightster Inc. Content that is unlawful, harmful, threatening, abusive, harassing, hateful, disparaging, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us in our sole discretion;
- upload or send Non-Lightster Inc. Content that depicts or advocates the use of illegal drugs, that characterizes violence as acceptable, glamorous or desirable, or that encourages conduct that would constitute a criminal or civil offense;
- upload or send Non-Lightster Inc. Content that infringes another’s copyright, trademark or trade secret;
- upload or send unsolicited advertising or unlawfully promote products or services;
- harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
- promote, solicit, or participate in any multi-level marketing or pyramid schemes;
- exploit children under 18 years of age;
- invade the privacy of any person, including without limitation, posting personally identifying or otherwise private information about a person without their consent;
- engage in fraudulent activities, including, but not limited to, “phishing”;
- circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Non-Lightster Inc. Content or Lightster Inc.’s Content;
- introduce viruses, worms, Trojan horses and/or harmful code to our Services;
- use any robot, spider, site search/retrieval application or other automated device, process, or means to access, retrieve, scrape or index any portion of our Services;
- violate any applicable statute, law, rule, regulation or court order;
- reverse engineer, reverse assemble or decompile, copy, alter, hack, or attempt to extract the source code of any software developed by Lightster Inc., or adapt, distribute, reissue or transmit any part of its content without first obtaining Lightster Inc.’s explicit written consent; nor
- use our Services for service bureau, time sharing, or other similar purposes, or for the benefit of any third party.
- YOU MAY NOT ACCESS OR USE OUR SERVICES IF YOU ARE A COMPETITOR, OR FOR PURPOSES OF MONITORING THE SERVICES’ AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PROCESS.
We reserve the right to modify this list at any time in our sole discretion. If you violate any of the above terms, or any other terms herein, Lightster Inc. can terminate your right to access the Services.
1.3 Personal Information
We have taken commercially reasonable steps to ensure your personal information is protected in
accordance with the Personal Information and Electronic Documents Act
(“PIPEDA”). WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION YOU SUBMIT TO THE SERVICES IN RESPONSE TO ANY REQUEST FROM A CREATOR. If you submit personal information to the Services in response to any request from a Creator, it shall be considered unauthorized use of the Services, and we shall have no responsibility or liability in connection therewith.
Our Services are not intended for use by minors and are available only to, and may only be used by, individuals who are eighteen (18) years and older and can form legally binding contracts under applicable law. If anyone under the age of eighteen (18) accesses our Services, it shall be considered unauthorized use of the Services, and we shall have no responsibility or liability in connection therewith.
To use the Services, you must provide basic information such as your email, true legal name, and phone number for verification purposes. Other similar information may be requested from time-to-time. You agree that all your information is complete, true, correct and up-to-date.
Once you have submitted such personal information on our Site, you will be asked to create a password in order to use along with your email as login credentials to use the Services. You are responsible for securing your username and password, and you are solely liable for any use of the Services under your account and password.
It is your duty and responsibility to notify Lightster Inc. promptly in writing if you learn (i) an unauthorized person has your access code and password, and/or (ii) of a privacy or security breach. Lightster Inc. reserves the right to refuse use of, or revoke use of, any username in Lightster Inc.’s discretion.
1.6 Modifications to our Services
We may change and update our Services from time to time. We may add or remove features, including without limitation, making free services into paid services and vice versa. We will give you appropriate advance written notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice.
You agree that these Terms will apply to any such upgrades or improvements and that by continuing to use the Services, you agree to be bound by these Terms.
By using the Services, you may receive emails and push notifications (if you use our App) from us regarding the Services or about your use of our Services, and communications, including, but not limited to, emails, text messages, push notifications, mail and telephone calls. You may also receive marketing materials from us.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically shall be deemed to satisfy any legal communication requirements to the extent permitted under applicable law.
To opt out of receiving any marketing communications from us, please follow the unsubscribe link in the applicable correspondence. Even after opting out of communications from us, you may still receive legal or technical communications from us relating to our Services.
You may not use the Services to send unsolicited messages (also known as “spam”), or to send any communication to any recipient that has not authorized you to send such communication, or to send commercial or marketing messages of any kind.
You agree that you are the sole author of, and are solely responsible for, the content of any message or communication that you send in connection with your use of the Services.
Any message you send by e-mail in connection with your use of the Services shall (i) accurately, and in a non-deceptive manner, identify you, (ii) not contain any deceptive or misleading content regarding the message’s subject matter, (iii) comply with all applicable law.
SECTION 2 -SPECIFIC TERMS
2.1 USER TERMS
As Users, you may be invited to participate in a Project for a Creator. Each Project helps Creators gain valuable feedback that contributes to the development of their product. You will be invited to participate in a Project when a Creator deems your profile as relevant to the insights they seek.
Users are independent third-parties and are not employees or agents of Lightster Inc. We are not responsible for, and expressly disclaim all liability for, the acts or omissions of Users in their use of our Services. We reserve the right to reject a Project at any time for any or no reason upon written notice from Lightster Inc, pursuant to the Notice section set out herein. We do not guarantee fulfillment of any Project.
Lightster Inc. shall compensate each User that completes his or her part in such Project in the form of our choosing (including, but not limited to, in the form of gift cards to widely-used online shopping platforms). We shall not compensate a User for his or her part in such Project until a Creator confirms such completion, even if such User contacts us requesting compensation. A User has no right to any compensation with respect to any Project until a Creator confirms the User’s completion of his or her part in the Project. Moreover, Lightster may withhold or deny compensation of a User if the User has provided any inaccurate or misleading information with regard to their identity, intentions, or any other such reasonable grounds as determined by Lightster.
Notwithstanding the rights we retain to withhold or deny compensation, Users may submit a claim for compensation to firstname.lastname@example.org. Claims will be reviewed by Lightster and a response will be provided within one week.
2.1(b)Payment Information Policy
Incentive payments are provided within 7 days after completion of the call. If you have a supported Bank Account, the payment will be sent directly to your Bank Account and details can be viewed under Transaction History on the application. If you do not have a Bank Account connected, you will be notified via e-mail for instructions on how to claim your payment.
2.2 CREATOR TERMS
As Creators you may request a Project within the Services, subject to the fee and subscription arrangements as set out herein and as entered into through our Site or App, or as set forth on our Site or App, as applicable.
Creators are independent third-parties and are not employees or agents of Lightster Inc. We are not responsible for, and expressly disclaim all liability for, the acts or omissions of Creators in their use of our Services. We reserve the right to reject a Project at any time for any or no reason upon written notice from Lightster Inc, pursuant to the Notice section setout herein. We do not guarantee fulfillment of any Project.
If you are on the Starter Plan, and your credit card is on file, your credit card will be charged immediately after each call. Calls are rounded up to the nearest minute.
If you are on the Enterprise or the Premium Plan, you will be charged on a monthly basis which includes the monthly subscription fees as well as any overage charges that occurs during the billing the cycle.
SECTION 3 – TERM & TERMINATION
By Lightster Inc.: Lightster Inc. may, at any given time and in our sole discretion, terminate your access to the Services, in whole or in part, for any reason and at any time, upon electronic notice to you at your registered email address, including, but not limited to, violation of these Terms.
Notwithstanding the rights of Lightster Inc. to terminate your access to Services, Users and Creators may submit request for the reasons as to why access was terminated to email@example.com. Claims will be reviewed by Lightster and a response will be provided within one week.
You agree that we are not liable to you or any third party for any termination of your access to our Services.
By User or Creator: You may terminate your use of the Services or your account at any time by writing to firstname.lastname@example.org.
SECTION 4 – SAFETY AND PRIVACY OF DATA
SECTION 5 – TAXES
SECTION 6 – INTELLECTUAL PROPERTY & OWNERSHIP
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. Using our Services does not give you ownership of any intellectual property rights in our Services, unless expressly stated herein.
Unless otherwise noted, all content is protected from unauthorized copying and dissemination by Canadian copyright law, trademark law, international conventions and other intellectual property laws.
6.2 Non-Lightster Inc. Content
After submitting Non-Lightster Inc. Content to our Services, you continue to retain such responsibility for, and rights in, such Non-Lightster Inc. Content as you held prior to submitting such Non-Lightster Inc. Content to our Services. By submitting any Non-Lightster Inc. Content to our Services, you hereby grant to us the right and license to use, display, reproduce, adapt, modify, re-arrange and distribute your Non-Lightster Inc. Content for any purpose related to providing the Services. You retain sole authorship responsibility for any Non-Lightster Inc. Content you submit to our Services regardless of whether we modify your Non-Lightster Inc. Content.
You represent and warrant that you will neither submit nor solicit any Non-Lightster Inc. Content that is considered personal financial information, sensitive information, personal health information or protected health information (as defined under applicable law).
6.3 Copyright Infringment
In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or to terminate the account of any repeat infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
If you believe that any materials on our Site or App infringe your copyright in your Non-Lightster Inc. Content, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (i) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (ii) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Services or other pertinent information that will help us to locate the material; (iii) your name, address, telephone number and email address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (v) a statement that the information in your claim is accurate; and (vi) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services is Copyright Agent, email@example.com.
SECTION 7 – ASSUMPTION OF RISK
It is your responsibility to take all necessary precautions in all interactions in connection with your use of the Services.
Although we reserve the right to review or remove all Non-Lightster Inc. Content that appears in the Services, we cannot, and do not, take responsibility for any Non-Lightster Inc. Content that Users and Creators provide through the Services, and we do not assume any responsibility for the accuracy or reliability of this information or any information exchanged between Users and Creators. We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Project, or any communication between Users and Creators.
We are not responsible for the conduct of any User or Creator in any way.
SECTION 8 – REPRESENTATIONS, WARRANTIES, CONDITIONS & LIABILITY
8.1 Warranty Disclaimer
LIGHTSTER INC.’S SERVICES (AND ANY ASSOCIATED THIRD-PARTY CONTENT, OR SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, LIGHTSTER INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING LIGHTSTER INC’S SERVICES AND THIRD-PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIGHTSTER INC MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY, OR COMPLETENESS OF THE SERVICES OR ITS CONENT, OR OTHERWISE. LIGHTSTER INC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICES OR THAT SERVICES WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF LIGHTSTER INC.’S SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
ANY MATERIAL DOWNLOADED FROM LIGHTSTER INC.’S SERVICES OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
FOR CERTAINTY, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM LIGHTSTER INC. SHALL CREATE ANY REPRESENTATION, WARRANTY, OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees and agents, at your expense, from any and all claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation, legal fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your submission or solicitation of any Non-Lightster Inc. Content, (ii) your legal, illegal, authorized or unauthorized use of our Services and all of your communication in connection with the Services, (iii) any Project, or (iv) any User or other third party’s use of any Non-Lightster Inc. Content that you submit to our Services. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
8.3 Limitation of Liability
IN NO EVENT SHALL WE, OR ANY OF OUR REPRESENTATIVES, BE LIABLE UNDER THESE TERMS TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LIGHTSTER INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS EXCEED THE GREATER OF (i) $100.00 OR (ii) THE AGGREGATE AMOUNT YOU HAVE PAID TO USE IN FEES, IF ANY, OVER THE COURSE OF A ONE (1) MONTH PERIOD.
SECTION 9 – NON-CANADIAN USERS
SECTION 10 – UNSOLICITED IDEAS AND FEEDBACK
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use and/or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
SECTION 11 – NOTICE
We may provide you notice to the email address you provide to Lightster Inc. during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by email to the email address you = provide during the registration or purchase processes and you may give us notice to firstname.lastname@example.org, wherein notice shall be deemed given three (3) days after the date of mailing.
SECTION 12 – DISPUTE RESOLUTION
- The legal seat of arbitration shall be Toronto, Ontario, Canada.
- There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the Canadian Arbitration Association in accordance with the Canadian Arbitration Association Rules.
- The language of the arbitration, including the hearings, documentation and award shall be English.
- The parties shall each bear their own legal costs and expenses of the arbitration.
- Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns, and there shall be no right to appeal such decision, whether on a question of law, a question of fact or a mixed question of fact and law.
- The governing law of the arbitration shall be the law of the province of Ontario.
- The arbitration procedures, hearings, documents and award shall remain strictly confidential between the parties.
You and we agree that each of us may bring claims against the other only in yours and our individual capacity, and not as a plaintiff or class members in any purported class or representative proceeding, thereby waiving the right to participate as a class representative or class members in a class action relating in any way to a dispute hereunder.
SECTION 13 – MISCELLANEOUS
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our prior written consent. Lightster Inc. may transfer, assign, or delegate these Terms and its rights and obligations without restriction.
These Terms shall bind and enure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns.
We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. You do not have any authority to bind Lightster Inc. in any respect whatsoever.
These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except in writing signed by both parties or by our posting of an amended version of these Terms on our Site.
The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The failure of Lightster Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms are governed by, and construed in accordance with, the laws of the Province of Ontario.
If you have any questions about these Terms, please contact us at email@example.com.