END USER LICENSE AGREEMENT
August 14, 2024Lightning Assist is licensed to You (End-User) by Lightning Assist SRL, located and registered at Strada Petre Tutea 35, bl. 919, Iasi, Iasi 700731, Romania ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is 48288111.
By downloading the Licensed Application from https://www.lightning-assist.com/download and any updated thereto (as permitted by this License Agreement), you indicate that You agree to be bound by all the terms and conditions of this License Agreement, and that You accept this License Agreement referred to in this License Agreement as "Services".
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Lightning Assist SRL, not the Services, is solely not responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). Lightning Assist SRL acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting them.
Lightning Assist when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You.
TABLE OF CONTENTS
1. The Application
Lightning Assist ("Licensed Application") is a piece of software created to provide a way for users to code/write text faster. It is used to make users work more efficiently.
This application uses automation tasks, including but not limited to simulating keyboard and mouse inputs. Users must ensure that their use of these features complies with all relevant laws and regulations. The application integrates with Stripe for processing subscription payments, ensuring compliance with PCI-DS standards. All personal data processed through this application is encrypted and managed according to GDPR guidelines. By installing and using this application, the user acknowledges their responsibility for configuring automation features and managing subscription settings via the Stripe platform. The developer is not liable for any unintended consequences resulting from the misuse of automation features or subscription management issues.
2. Scope of License
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a seperate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share of make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Lightning Assist SRL's prior written consent), sell, rent, lend lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt or atatempt to derive the source code of the Licensed Application, or any part thereof (except with Lightning Assist SRL's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-parties terms and conditions.
3. Technical Requirements
3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it seems appropriate at any time.
You hereby grant Lightning Assist a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
4. Maintenance and Support
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.
4.2 Lightning Assist SRL and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. Use of Data
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.lightning-assist.com/privacy-policy
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
5A. AI Features and Credits
The Licensed Application includes optional AI functionality (e.g., AI Chat, AI Speech (voice-to-text transcription), AI Enhance (automated content enhancement), and automated content generation or editing). Use of these features may consume AI Credits, a metered usage unit purchased in packages priced in United States dollars (USD) with applicable taxes, and with no cash value that is non‑transferable and do not expire and are non‑refundable except where required by law or in limited goodwill situations (e.g., duplicate purchase or verified metering error). AI outputs are generated by third‑party AI Service Providers and may be inaccurate or inappropriate; they are provided "AS IS" and do not constitute professional advice. You are responsible for reviewing outputs prior to use and for ensuring your use complies with applicable law and third‑party rights.
AI Speech (Voice-to-Text) Specific Terms: The AI Speech feature enables voice-to-text transcription. We do not record, store, or retain any audio recordings of your voice. Audio data is processed in real-time for transcription purposes only and is immediately discarded after processing. Only text transcriptions (if you choose to save them) may be stored. You have complete control over whether transcriptions are saved, and you can opt out of saving transcriptions entirely through your account settings. You can delete any saved transcriptions at any time. Your use of AI Speech is entirely voluntary and subject to your explicit consent.
You agree not to use AI features to generate or request illegal content, exploit minors, facilitate wrongdoing, create malware or unauthorized surveillance, or infringe the rights of others. We may suspend or limit AI features for abuse, security, or stability. We do not impose daily or monthly usage caps; if your credits are exhausted, AI features pause until you purchase additional credits.
As between you and Lightning Assist SRL, you own your inputs and, to the extent permitted by law and provider terms, you own the resulting outputs. You grant Lightning Assist SRL a limited license to process inputs and outputs to provide, maintain, and secure the Services and to comply with law. Providers are instructed not to train on your data.
6. User Generated Contributions
The Licensed Application may provide you with the opportunity to create, submit, post, display, perform, publish or distribute content and materials to us or in the Licensed Application, including but limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material ( collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distrubution, transmission, public display, or performance, and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, release, and permissions to use and to authorize us, the Licensed Application, and other users of Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreements.
- You have the written consent, release, and/or permission of each and every identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licensed Agreement.
- Your Contributions are not false, inaccurate or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. Contribution License
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against regarding your Contributions.
8. Liability
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties(cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. Warranty
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your Download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Lightning Assist SRL's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Lightning Assist SRL about issues discovered without delay by email: privacy@lightning-assist.com. The defect report will be taken into consideration and further investigated if it has been emailed within a period of one (1) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Lightning Assist SRL reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, YOu may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after statutory period of limitation amounting to twelve (12) months after the Licensed Application was made avilable to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. Product Claims
Lightning Assist SRL and the End-User acknowledge that Lightning Assist SRL, and not the Services, is responsible for addresing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possesion and/or use of that Licensed Application, including, but not limited to:
- product liability claims
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
- claims arising under consumer protection, privacy or similar legislation
11. Legal Compliance
You represent and warrant that You are not located in a country that is subject that has been designated by the US Government as a "terrorist supporting" country.
12. Contact Information
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Lightning Assist SRL
Strada Petre Tutea 35, bl. 919
Iasi, Iasi 700731
Romania
support@lightning-assist.com
13. Termination
The License is valid until terminated by Lightning Assist SRL or by You. Your rights under this license will terminate automatically and without notice from Lightning Assist SRL if You fail to adhere to any term(s) of this license. Upon License Termination, You shall stop all of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. Third-Party Terms of Agreements and Beneficiary
Lightning Assist SRL represents and warrants that Lightning Assist SRL will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement" subsidiaries shall be third-party benefiaries of this End User License Agreement and -- upon Your acceptance of the terms and conditions of this License Agreement, you will have the right ( and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. Intellectual Property Rights
Lightning Assist SRL and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Lightning Assist SRL, and not the Services, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. Applicable Law
This License Agreement is governed by the laws of Romania excluding its conflicts of law rules.
17. Miscellaneous
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.