The Lightmeter email delivery service, as described on Lightmeter.io, provides convenience to sales professionals via message dispatch and monitoring.
By subscribing to this service, or by registering with any service offered on Lightmeter.io, you agree to be bound by these terms and conditions, between you and Lightmeter Ltd, with registered address Kemp House, 160 City Road, London, EC1V 2NX.
Supply of Lightmeter.io services
Lightmeter Ltd (“The Provider”) provides the Lightmeter email delivery service (“Service”). The Service is provided subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.
The Provider reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: https://Lightmeter.io/terms-delivery.
The Lightmeter.io service is available only to persons who can form legally binding contracts under applicable law. You must complete the registration process and agree to our Terms and Conditions in order to use Lightmeter.io. All contact information you submit must be true, complete, and kept up to date.
As part of the registration process, you will identify an e-mail address and password for your Lightmeter.io account. You are responsible for maintaining the security of your account and passwords and for all users of your Lightmeter.io account. You agree to keep your account credentials confidential, including the unique identifiers relating to your Lightmeter.io account.
The Provider reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, at its sole discretion.
Any violation of any of the Terms will result in the termination of your account.
Limitations in the Lightmeter.io services
The Provider uses a third party to host the application servers and to provide communication services. The Provider will use all reasonable endeavours to ensure the third party undertakes to provide its services at or above industry standards. Accordingly, The Provider does not warrant that Lightmeter.io will be uninterrupted, error, bug or virus free or that the delivery of emails will be without delay.
It may be necessary to temporarily suspend Lightmeter.io and / or the Service from time to time to carry out maintenance of equipment; such suspensions will be limited and will take place as much as possible outside core working hours. However, Lightmeter.io may also be suspended (in whole or part) where The Provider or the third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation.
Charges
You shall pay the charges for Lightmeter.io as set out on the Lightmeter.io website or in accordance with the payment terms agreed with The Provider. You will be subject to monthly subscription fees in accordance with the fee schedule.
All charges quoted for the provision of Lightmeter.io are inclusive of any Value Added Tax. If you are VAT registered in Europe, you will need to take care of your own VAT payments.
The Provider does not provide refunds for unused monthly subscriptions (even if we had to shut down your account for violating these terms).
Payment of the charges
Payments can be submitted only by providing credit card information and by agreeing to a monthly debit on your account when registering for Lightmeter.io. Credit cards will be debited on the day of each calendar month that you made your first payment. If you exceed the amount of services included in your subscription package, for example by consuming all service credits, then those services will be suspended for that month.
If, for whatever reason, The Provider is unable to process your credit card order, The Provider will attempt to contact you by email and will pause usage of the account until the payment can be processed.
You agree to pay for all billable services used by your account, even if those services are unused by your choice, or if your emails are disrupted during this time (Lightmeter.io has no control over your subscribers’ email servers, ISP availability, personal spam filter settings, etc.).
Fees are payable in US dollars.
Changes in the Service and Fees
The Provider reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
The present rates for Lightmeter.io services are stated on the Lightmeter.io website.
The Provider reserves the right to change the fees upon 30 days notice. Fee change notices may be emailed to the Service, displayed within Lighmeter accout interfaces, or on the Lightmeter.io website.
Continued use of Lightmeter.io following the effective date of any change in prices shall be considered acceptance of such change.
Cancellation and Termination
You alone are responsible for the proper cancellation of your account. You may cancel your account at any time. To request cancellation of your monthly payments, you must use the cancellation link in the payment confirmation email which you received (all customers), or alternatively the billing management link in the offer proposal document you may have also received (select customers). Direct email or phone requests to cancel your account will not be deemed cancellation – you must use the ‘Contact Us’ form instead. You can find the contact form here: http://Lightmeter.io. This will not erase the application or your account at Lightmeter.io.
The Provider will then close down your account and cancel the recurring payments agreement.
Whilst you can cancel at any time, you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
If your first payment has already been processed, The Provider will only refund the full amount if (a) the request is received within 24 hours after sign up. If you have paid for several months in advance, you can request a refund by contacting us using the contact form. We will then calculate your refund based on the full month price, without any discounts, for the months the service was used, including the month of your request. Additionally a $60 administration fee will be added. This may mean there is nothing left to refund.
Data, Data Protection, and Indemnity
You are the data controller in respect of any personal data that The Provider processes in the course of your use of Lightmeter.io. The personal data is provided by you or the email recipient, The Provider cannot be held liable or responsible for the accuracy, contents or use of such personal data.
The Provider shall have no liability for any loss or damage, however caused, arising from any loss of data.
You must comply with all applicable data protection legislation. You permit The Provider to audit your compliance with this clause and shall provide access to all your premises and systems by the Provider or its auditors upon being given reasonable notice.
You shall fully indemnify and keep indemnified The Provider against any losses, claims, fines, damage or expenses (including legal and professional expenses) of whatsoever nature (whether direct, indirect or consequential) arising as a result of or in connection with any breach of this clause and/or any applicable data protection legislation.
The Provider will not disclose any personal data relating to you to any businesses, organisations or individuals without your prior express consent, unless required or permitted by law.
The Provider will not use any of your receipient contact lists, or any other customer information, for any other purposes than those intended with providing Lightmeter.io services. Your customer information will not be shared with any other parties. In addition, The Provider will not use your customer information for the purpose of sending unsolicited commercial email.
The Provider processes information about you in accordance with its own Privacy Policy.
You will adopt and maintain the Privacy Policy, which may be modified by The Provider from time to time.
Warranty disclaimer; Remedies
The Provider warrants that Lightmeter.io services will be provided using reasonable care and skill.
USE OF GETLIGHTMETER.COM AND ANY RELIANCE BY YOU UPON GETLIGHTMETER.COM, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. THE PROVIDER DOES NOT WARRANT THAT GETLIGHTMETER.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GETLIGHTMETER.COM. GETLIGHTMETER.COM IS PROVIDED “AS IS” AND The Provider DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or non-performance of Lightmeter.io shall be for The Provider to use commercially reasonable efforts to adjust or repair the Lightmeter.io service.
Limitation of liability
Nothing in this clause limits or excludes a party’s liability which cannot be so limited or excluded under applicable law.
The Provider shall not be liable to you by reason of any representation (unless fraudulent), or any duty at common law, or under the express terms of use, for loss of profit, loss of revenue, loss of savings or anticipated savings, loss of data, loss of use of software or data, loss or waste of management or staff time, any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of The Provider, its servants or agents or otherwise) which arise out of or in connection with the provision of Lightmeter.io or its use by you.
In the event that, notwithstanding the foregoing, The Provider is found liable to you for damages from any cause whatsoever, the entire liability of The Provider under or in connection with these terms, whether the claim in question is contractual or non-contractually, will not exceed the amount of the charges received by The Provider from you in the preceding 12 months.
Force Majeure
Neither party shall be responsible to the other party in circumstances where some or all of the obligations under the Terms cannot be performed due to circumstances outside the reasonable control of the defaulting party, including an Act of God, change in legislation, fire, explosion, flood, accident, strike, lockout or other industrial dispute, war, terrorist act, riot, civil commotion, failure of public power supplies, failure of communication facilities, default of suppliers or sub-contractors, or the inability to secure computer processing facilities (including those of the necessary quality or security), obtain materials or supplies and, in all cases, the inability to do so except at increased prices (whether or not due to such causes). However, if such circumstances persist for more than 28 days, the non-defaulting party may terminate the agreement and all charges due to The Provider up to the date of termination shall become due.
Nothing in this clause excuses you from any obligation to pay, in a timely manner, The Provider any sums due.
Intellectual property rights
The “Lightmeter Control Center” application which is offered for download by the Provider through various channels is Open Source. See the Open Source licenses included with the application source code at https://gitlab.com/lightmeter/controlcenter.
Some services offered by Lightmeter.io include hosting of the application Lightmeter and related data on The Provider’s servers. Software which is used for the hosting, management, deployment, and billing of all hosted services is the property of the Provider, all rights reserved.
Other services include the processing of mail server performance and security data by the Provider’s hosted servers. These services are accessible via Application Programming Interfaces (“APIs”). The software which is used for all aspects of providing this services is the property of the Provider, all rights reserved.
You agree to not attempt access Lightmeter.io hosted services without authorisation, or to reverse engineer such services.
Nothing in this agreement transfers any intellectual property rights to you.
Permitted use & compliance with laws
You represent, covenant, and warrant that you will use Lightmeter.io only in compliance with the Terms and all applicable legislation and regulations.
You agree to not attempt to attack Lightmeter.io hosted infrastructure or services, or knowingly take any action which is likely to harm or impede those services or other users access to them.
You hereby agree to indemnify and hold harmless The Provider against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of Lightmeter.io.
You agree that where The Provider is advised in writing by a regulator that you are or have been in breach of any legislation, The Provider shall be entitled to act on any request or recommendation by the regulator for access to be barred to Lightmeter.io for such periods as the regulator may specify.
You agree to provide all reasonable assistance to The Provider in connection with The Provider’s compliance with any requirements or conditions which are at any time imposed by law or any regulator which are applicable to or affect Lightmeter.io.
You agree to provide the regulator with such information or material relating to Lightmeter.io or a future Lightmeter.io service as the regulator may reasonably request in order to carry out any investigation in connection with Lightmeter.io.
Communication and notices
You hereby undertake to have, and keep The Provider informed of, a valid and regularly monitored contact email address for the duration of your use of Lightmeter.io. You will be deemed to have read notices sent to your contact email address and The Provider may act on that basis. Unless otherwise notified The Provider’s contact email address for the Lightmeter.io service is the following email address (represented here in such a way as to discourage spam): “hello at lightmeter.io”.
In the event of any dispute arising between the parties in connection with these Terms and Conditions, senior representatives of the parties shall, within 10 working days of written notice being given by either party to the other, meet in good faith at a neutral venue of The Provider’s choosing in the United Kingdom (or online, at the Provider’s choice) in an effort to resolve the dispute.
Any proceedings relating to any dispute shall take place in the UK and be conducted in the English language.
Miscellaneous
If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Each party warrants to the other that they have the power and authority to enter into agreement and perform its obligations under these Terms and Conditions.
The Terms and Conditions, and any dispute arising out of or in connection with them, whether contractual or non-contractual, will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.