Terms of service

Last updated August 19, 2024.

The Lightmeter email delivery service, as described on Lightmeter.io, provides convenience to sales professionals via sales message management, 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 of service (“Terms of Service”) between you and Lightmeter Ltd, with registered address at 128 City Road, London, United Kingdom, 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 these Terms of Service. Please read the following carefully.

The Provider reserves the right to update and modify the Terms of Service at any time. Any significant changes will be communicated to you via email or through a prominent notice on our website. Continued use of the Service after any modifications indicates your acceptance of the changes. New features added to the Service shall be subject to the Terms of Service. Continued use of the Service after any modifications indicates your acceptance of the changes. The most recent version of the Terms of Service is available at https://Lightmeter.io/terms.

The Lightmeter.io service is available only to individuals or entities that can form legally binding contracts under applicable law. You must complete the registration process and agree to these Terms of Service in order to use Lightmeter.io. All contact information you provide must be accurate, complete, and kept up-to-date.

As part of the registration process, you will establish an email address and password for your Lightmeter.io account. You are responsible for maintaining the security of your account and passwords, as well as for all activities that occur under your account. The Provider reserves the right to refuse registration of, or cancel, passwords it deems inappropriate.

Additionally, the Provider reserves the right to refuse service, terminate accounts, or change eligibility requirements at any time, at its sole discretion.

Any violation of these Terms of Service will result in the termination of your account.

Limitations of the Lightmeter.io Service

The Provider uses third-party vendors to host application servers and provide communication services. The Provider will use all reasonable endeavors to ensure these third parties provide services at or above industry standards. Accordingly, the Provider does not warrant that Lightmeter.io will be uninterrupted, error-free, or free of bugs or viruses, nor does it guarantee that emails will be delivered without delay.

Service interruptions may occur due to maintenance or as required by legal or regulatory authorities. Such interruptions will be minimized and scheduled outside of core working hours whenever possible.

You are responsible for obtaining and maintaining all equipment and ancillary services necessary to connect to, access, or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and similar equipment (collectively, “Equipment”). You are also responsible for maintaining the security of this Equipment, as well as the security of your account, passwords (including but not limited to administrative and user passwords), and files. Furthermore, you are responsible for all uses of your account or the Equipment, whether such use is authorized by you or not.

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 include any applicable Value Added Tax (VAT).

The Provider does not provide refunds for unused monthly subscriptions, even if a service account has been closed part-way through a billing period due to a violation of these Terms of Service.

Payment of Charges

Payments for Lightmeter.io services can be made by providing credit card information and agreeing to a monthly debit on your account during registration. Credit cards will be debited on the day of each calendar month that you made your first payment. If your service usage exceeds the services included in your subscription package, such as by consuming all service credits, those services will be suspended for that month.

If, for any 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.

Alternatively, the Provider may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by the Provider thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to interest at a rate of 8% per annum on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Failure to pay may result in the immediate termination of Service.

You agree to pay for all billable services used by your account, even if those services are unused by your choice or if your usage of the Provider’s services is disrupted during this time.

The Provider has no direct control over message recipients’ email servers, Internet Service Provider availability, message filter settings, etc., and therefore cannot guarantee delivery to third-party message infrastructure.

Fees are stated and payable in US dollars. You shall be responsible for all taxes associated with the Services.

Cooperation

You agree to provide the Company with all necessary cooperation in relation to this Agreement to enable the provision of the Services and any Implementation Services.

Changes to 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 current 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 the Lightmeter account interface, or posted on the Lightmeter.io website.

Continued use of Lightmeter.io following the effective date of any price changes constitutes acceptance of such changes.

Cancellation and Termination

You are solely responsible for properly canceling your account. You may cancel your account at any time, subject to any specific terms and conditions outlined in your plan or service agreement. To request cancellation of your monthly payments, you must use the cancellation link in the payment confirmation email you received (for all customers), or alternatively the billing management link in the offer proposal document you may have also received (for select customers). This will not erase the application or your account at Lightmeter.io.

The Provider will then close your account and cancel the recurring payments agreement.

While 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 in which you discontinued service. You will not be charged again.

Refunds are issued at the sole discretion of the Provider. Full refunds will only be considered if a request is received within 24 hours after sign-up. For accounts paid in advance, refunds will be calculated based on the full month price, without any discounts, for the months the service was used, including the month of your request. If you have paid for several months in advance, you can request a refund. 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.

Data, Data Protection, and Indemnity

You are the data controller concerning any personal data that the Provider processes during 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 agree to cooperate with the Provider in ensuring compliance, including providing access to your premises and systems upon reasonable notice for audit purposes. The Provider will act in accordance with its obligations as a data processor under applicable law.

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, organizations, or individuals without your prior express consent unless required or permitted by law.

The Provider will not use any of your recipient contact lists or any other customer information for any purposes other than those intended with providing Lightmeter.io services. Your customer information will not be shared with any other parties.

The Provider processes information about you in accordance with its Privacy Policy.

You will adopt and maintain the Privacy Policy, which may be modified by the Provider from time to time.

Intellectual Property Indemnity

The Provider shall indemnify you against any liability to third parties resulting from the infringement by the Service of any patent, copyright, or misappropriation of any trade secret, provided you promptly notify the Provider of any such claims, offer reasonable assistance, and allow the Provider sole control over the defense and settlement. The Provider’s obligations do not apply if the claim arises from modifications made by you, use in combination with other products or services, or use not in strict accordance with the agreement.

If the Service is found or believed by the Provider to be infringing, the Provider may, at its option, (a) modify the Service to be non-infringing, (b) obtain a license for you to continue using the Service, or (c) terminate your access to the Service and refund any prepaid, unused fees.

Warranty Disclaimer; Remedies

The Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Lightmeter.io services in a manner that minimizes errors and interruptions. The Provider warrants that the services will be provided using reasonable care and skill, and that any Implementation Services will be performed in a professional and workmanlike manner.

Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Provider or by third-party providers, or due to other causes beyond the Provider’s reasonable control. The Provider shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption.

However, the Provider does not warrant that Lightmeter.io will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from the use of Lightmeter.io. Lightmeter.io 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 non-infringement.

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.

This integration combines the specifics of service maintenance, the professional standard for implementation services, and the core disclaimers of your original clause. It should now provide a more comprehensive and detailed framework that covers a wider range of potential issues while still limiting liability.

Limitation of Liability

Nothing in these Terms of Service shall exclude or restrict the Provider’s liability for death or personal injury resulting from the Provider’s negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by applicable law.

The Provider shall not be liable to you for any 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, or 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) arising out of or in connection with the provision or use of Lightmeter.io, except where such liability cannot be excluded or limited under applicable law.

Subject to the foregoing, the entire liability of the Provider under or in connection with these Terms of Service, whether the claim in question is contractual or non-contractual, shall be limited to the total amounts paid to the Provider under this Agreement in the 12 months preceding the event giving rise to the liability.

Intellectual Property Rights

Some services offered by Lightmeter.io include hosting of the Lightmeter application and related data on the Provider’s servers. The software used for hosting, managing, deploying, and billing of all hosted services is the property of the Provider, with 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 used for all aspects of providing these services is the property of the Provider, with all rights reserved.

You agree not to attempt to access Lightmeter.io hosted services without authorization or to reverse engineer such services.

All intellectual property rights in the Lightmeter.io service and associated software, including any modifications, updates, and improvements, remain the exclusive property of the Provider. This agreement does not transfer 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 these Terms of Service and all applicable laws and regulations.

You agree not to attempt to attack Lightmeter.io hosted infrastructure or services, or knowingly take any action that 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 that 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.

Prohibited Use

You shall not access, store, distribute, or transmit any viruses or any material during your use of the Services that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation, or disability; or (f) in any manner that is otherwise illegal or causes damage or injury to any person or property. The Provider reserves the right, without liability or prejudice to any other rights or remedies available, to disable your use of the Service with respect to any material that breaches or is suspected to breach these provisions.

Communication and Notices

You agree to maintain a valid and regularly monitored contact email address throughout your use of Lightmeter.io. Any notices sent to your contact email address will be deemed received 24 hours after sending, and the Provider may act based on this presumption. 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 of Service, 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.

In the event of a dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved amicably, it shall be submitted to the exclusive jurisdiction of the English courts, and all proceedings shall be conducted in the English language.

Force Majeure

Neither party shall be held responsible to the other party for any failure to perform obligations under these Terms due to circumstances beyond the reasonable control of the defaulting party, including but not limited to acts of God, changes in legislation, fire, explosion, flood, accident, strike, lockout or other industrial disputes, war, terrorism, riot, civil commotion, failure of public power supplies, failure of communication facilities, default of suppliers or subcontractors, or the inability to secure computer processing facilities (including those of the necessary quality or security), obtain materials or supplies, or 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, with all charges due to the Provider up to the date of termination becoming immediately payable.

Nothing in this clause excuses you from any obligation to pay, in a timely manner, any sums due to the Provider.

Miscellaneous

1. Severability: If any provision of these Terms of Service 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.
2. Assignment: These Terms of Service are not assignable, transferable, or sublicensable by you except with the Provider’s prior written consent. The Provider may transfer and assign any of its rights and obligations under these Terms of Service without your consent.
3. Entire Agreement and Modifications: These Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Service. Any waivers and modifications to these Terms of Service must be in writing and signed by both parties, except as otherwise provided herein.
4. Relationship of Parties: No agency, partnership, joint venture, or employment is created as a result of these Terms of Service, and you do not have any authority of any kind to bind the Provider in any respect whatsoever.
5. Notices: All notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
6. Governing Law and Jurisdiction: These Terms of Service, 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.