Last Revised: May 22, 2023

IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF LIGHTTWIST, INC., (“LIGHTTWIST”) AND ITS SUBSIDIARIES (COLLECTIVELY, “LIGHTTWIST”, “WE”, “US”, “OUR”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS OF SERVICE (THE “TERMS”), WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

THESE TERMS CONSTITUTE A CONTRACT BETWEEN YOU AND LIGHTTWIST AND GOVERN USE OF AND ACCESS TO THE SERVICE AND WEBSITE BY YOU, USERS, AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE.

THE LIGHTTWIST SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS.

  1. Acceptance of Terms: By using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree, you must not use our Services.
  2. Registration and Account Responsibilities: By creating an account, you represent that all information provided during the registration process is accurate and that you will keep your information up-to-date. You are responsible for all activities that occur under your account.
  3. Age Representation: You represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Services.
  4. Privacy Policy: Our Privacy Policy details how we collect, use, and protect your personal data. By using our Services, you agree to the terms of our Privacy Policy.
  5. User Content and Conduct: You agree not to use our Services to conduct any activity that is illegal or infringes on the rights of others. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, applications, links and other content or materials that you submit, post or display on or via our Services.
  6. Intellectual Property Rights: By using our Services, you affirm that you own the User Content (as defined below) or that you have the right to use it, and that you grant us a license to use the User Content as described in these Terms. "User Content" means any content that users upload, submit, post, create, transmit, store or display on or through the Services. You retain full ownership to your User Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, sublicensable, royalty-free right and license to use, modify, reproduce, display, distribute and create derivative works of the User Content to provide the Service to you.
  7. Third-Party Links and Services: Our Services may contain links to third-party websites or services that are not owned or controlled by LightTwist. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
  8. Subscription, Payment Terms, and Free Trial: We offer both paid and free trial subscriptions. If you sign up for a free trial, we will make the Services available to you on a trial basis free of charge until the earlier of the end of the free trial period or the start of any paid subscription.
  9. Termination: We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.
  10. Dispute Resolution and Governing Law: You agree that these Terms and your use of the Services are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At LightTwist's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. 11. Assignment: LightTwist may assign or transfer these Terms, in whole or in part, without restriction, in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law or otherwise. You may not assign these Terms without LightTwist's prior written consent, which may be withheld in LightTwist's sole discretion. Any attempt by you to assign these Terms, without such consent, will be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 12. Limitations of Liability and Disclaimer of Warranties: OUR SERVICES ARE PROVIDED "AS IS." WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS AND LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.