Terms of Service

1. Agreement to Terms

The Service is operated by LiteStartup, Inc. (“LiteStartup,” “we,” “us,” or “our”), a corporation based in the United States. These Terms constitute a legally binding agreement between you and LiteStartup. You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service.

2. Changes to Terms

We may modify these Terms at any time. Changes will be posted on this page with an updated “Effective Date.” Material changes will be notified via email or a prominent notice on the Site. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

3. Access and Use of the Service

A. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

B. Account Responsibilities

If you create an account:

• You must provide accurate, complete, and current information.
• You are solely responsible for maintaining the confidentiality of your login credentials.
• You are fully responsible for all activities under your account.
• Notify us immediately of any unauthorized use at [email protected].

C. Email Sending and Compliance (Specific to Email Services)

If you use our Service to send emails, you agree to the following specific terms:

• Explicit Consent: You must always obtain explicit, verifiable, and documented consent from recipients before sending them emails, and maintain proof of such consent.
• Legal Compliance: You are solely responsible for complying with all applicable email regulations, including but not limited to the CAN-SPAM Act (US), the General Data Protection Regulation (GDPR), and any other local, state, national, or international laws governing electronic communications, data protection, and privacy in the jurisdictions where you operate and where your recipients reside.
• Prohibited Content and Practices: You are strictly prohibited from using the Service to send, facilitate, or promote:
  • Spam or unsolicited bulk/commercial email.
  • Phishing emails or content designed to deceive recipients into disclosing sensitive information.
  • Malware, viruses, or harmful code.
  • Emails containing harassing, abusive, defamatory, fraudulent, or illegal content.
• Prohibited Data Sources: You are strictly prohibited from using purchased, rented, harvested, scraped, or third-party email lists. You must only send emails to contacts for whom you have obtained direct and explicit consent as described above.
• Accurate Identification: You must not impersonate another person, company, or entity, or misrepresent the origin or affiliation of your emails. "From," "Reply-To," and routing information must be accurate and identify you or your organization.
• Unsubscribe Compliance: Every email sent through the Service must contain a clear, conspicuous, and functional unsubscribe/opt-out mechanism. You must process opt-out requests promptly and not attempt to charge a fee, require additional information, or make the process unnecessarily difficult for the recipient.

Enforcement for Email Violations: Violation of any provision in this section (3.C) is a material breach of these Terms. Upon detection or suspicion of such a violation, LiteStartup may, at its sole discretion and without prior notice:

• Immediately and permanently suspend or terminate your account and access to the Service.
• Withhold or forfeit any pre-paid fees or subscriptions without offering a refund.
• Report your activities to relevant legal authorities and cooperate with any investigation.
• Pursue any and all legal remedies available to us, including seeking injunctive relief and claiming monetary damages for harm caused to our reputation, infrastructure, and operations. You agree to be liable for all legal costs and expenses incurred by LiteStartup in such actions.

D. General Prohibited Conduct

In addition to the email-specific terms above, you agree not to:

• Use the Service for any unlawful purpose.
• Interfere with or disrupt the integrity, performance, or security of the Service, servers, or networks.
• Attempt to gain unauthorized access to any part of the Service or its related systems.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Scrape, crawl, or use automated tools to extract data from the Service without permission.
• Violate any applicable law, regulation, or third-party rights (including intellectual property and privacy rights).

4. User Content

A. Ownership

You retain ownership of any content you submit, post, or display on the Service (“User Content”), including text, files, images, or feedback.

B. License to LiteStartup

By submitting User Content, you grant LiteStartup a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, modify, display, distribute, and create derivative works of your User Content in connection with operating, improving, and promoting the Service.

C. Your Responsibility

You represent and warrant that:

• You own or have all necessary rights to your User Content.
• Your User Content does not infringe any third-party intellectual property, privacy, or other rights.
• Your User Content is not illegal, defamatory, obscene, or harmful.

We may remove or disable any User Content at our sole discretion without notice.

5. Intellectual Property

The Service, including its design, text, graphics, logos, software, and underlying code, is owned by LiteStartup or its licensors and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works of our intellectual property without prior written consent.

6. Payments and Subscriptions

A. Fees

Certain features may require payment (“Paid Services”). All fees are in U.S. dollars, non-refundable (except as stated), and exclude taxes.

B. Billing

You authorize us (or our payment processor) to charge your chosen payment method. Subscriptions auto-renew unless canceled before the renewal date. We may change prices with 30 days’ notice. Continued use after price changes constitutes agreement.

C. Refunds

No refunds except where required by law. Contact [email protected] within 7 days of a charge for consideration.

D. Free Trials

If offered, free trials convert to paid subscriptions unless canceled before the trial ends. You will not be charged if canceled in time.

7. Termination

A. By You

You may stop using the Service at any time. Cancel subscriptions via your account settings or by emailing support.

B. By LiteStartup

We may suspend or terminate your access immediately, without notice, if:

• You breach these Terms, especially the provisions in Section 3.C (Email Sending and Compliance).
• Your use poses a security, legal, or operational risk.
• We discontinue the Service.

Upon termination:

• Your right to use the Service ceases.
• Unpaid fees become due immediately. No refunds will be issued for termination due to breach.
• We may delete your account and User Content (subject to legal retention requirements).

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES. YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT MONITOR OR CONTROL USER CONTENT SENT THROUGH THE SERVICE AND DISCLAIM ALL LIABILITY FOR SUCH CONTENT AND FOR USER COMPLIANCE WITH APPLICABLE LAWS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LITESTARTUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM. Some jurisdictions do not allow limitation of certain damages, so this section may not fully apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless LiteStartup and its affiliates from any claims, damages, losses, or expenses (including attorneys’ fees) arising from:

• Your use of the Service, including the sending of any emails.
• Your violation of these Terms, especially the email compliance obligations in Section 3.C.
• Your User Content.
• Your violation of any third-party rights (including privacy rights) or applicable law (including email and data protection regulations).
• Any recipient complaints, legal actions, or penalties (such as fines from regulatory bodies) resulting from your email practices.

11. Governing Law and Dispute Resolution

A. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

B. Arbitration

Any dispute arising from these Terms or the Service will be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association (AAA). You waive the right to a jury trial or class action.

Exceptions: Small claims court actions and claims for injunctive relief for intellectual property violations may be brought in state or federal courts in San Francisco County, California.

C. Class Action Waiver

You agree to resolve disputes individually, not as part of a class, collective, or representative action.

12. Third-Party Services

The Service may integrate with or link to third-party websites, apps, or services (“Third-Party Services”). We are not responsible for their content, privacy, or practices. Your use of Third-Party Services is at your own risk and subject to their terms.

13. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

14. Miscellaneous

A. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LiteStartup.

B. Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

C. Waiver

Our failure to enforce any right does not constitute a waiver.

D. Assignment

We may assign these Terms without notice. You may not assign your rights without our written consent.

E. No Third-Party Beneficiaries

These Terms do not create rights for any third party.