Terms of Service

Effective Date: September 27th, 2025

We recommend that you print and save a copy of these Legal Terms for your records.

Preamble

These Legal Terms constitute a legally binding agreement made between you and the developer of the services you are going to benefit from while accessing and using the website https://lightning-assist.com. Lightning Assist is a SaaS desktop application that can help people write/code faster.

Who are we

We are Lightning Assist SRL (the "Company", "we", "us" and "our"), a company registered in Romania at Str. Petre Tutea nr. 35, Bl. 919, Iasi Iasi, 700731. Our VAT number is 48288111. We operate the website https://lightning-assist.com (the "Site") as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively the "Services").

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Lightning Assist SRL concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all these Legal Terms. THEREFORE, IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services we provide, and you have decided to use. The modified Legal Terms will become effective upon posting or notifying you by noreply@lightning-assist.com as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of and be directly supervised by their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

Table of Contents

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. User Registration
  5. Purchases and Payment
  6. Subscriptions
  7. AI Features (AI Chat, AI Speech, AI Enhance, and AI Credits)
  8. Promotion Codes and Trial Subscriptions
  9. Software
  10. Prohibited Activities
  11. User Generated Contributions
  12. Contribution License
  13. Third-Party Websites and Content
  14. Services Management
  15. Privacy Policy
  16. Copyright Infringements
  17. Term and Termination
  18. Modifications and Interruptions
  19. Governing Law
  20. Dispute Resolution
  21. Corrections
  22. Disclaimer
  23. Limitations of Liability
  24. Indemnification
  25. User Data
  26. Electronic Communications Transactions and Signatures
  27. California Users and Residents
  28. Miscellaneous
  29. How can you contact us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Lightning Assist application is a global Software as a Service (SaaS) computer program and it is available for download only on our official website www.lightning-assist.com and it can be installed on Windows, MacOS, and Ubuntu. On MacOS it is necessary to activate Accessibility in OS Settings to be able to activate the keyboard commands.

Lightning Assist uses a keyword which is associated with a resource (piece of text/code) and when you write that keyword anywhere and activate the Lightning Assist functionality, that keyword will turn into the text it was assigned to associate with, thus making any writing process faster.

Note: The application monitors a trigger (a key or a combination of keys) and then uses a series of programmatic keys on the keyboard to replace the key with the text associated with it. While Lightning Assist is turned ON, any native functionality tied to those keys is disabled—your triggers are reserved exclusively for Lightning Assist until you switch it OFF.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IT IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@lightning-assist.com.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services including, but not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

Note: When you post Contributions, you grant us a license (including use of your name, trademarks, and logos).

By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

Your responsibilities

You are responsible for what you post or upload

By sending us Submissions and/or posting Contributions through any part of the Services, or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
  • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third parties' intellectual property rights, or (c) applicable law.

We may remove or edit your Content:

Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.

3. User Representations

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Legal Terms;
  4. You are not under the age of 13;
  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
  6. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
  7. You will not use the Services for any illegal or unauthorized purpose; and
  8. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine in our sole discretion that such username is inappropriate, obscene, or otherwise objectionable.

Google Authentication

We offer Google Authentication (OAuth 2.0) as an optional method to create and access your account. By choosing to authenticate using Google, you acknowledge and agree to the following:

  • You authorize us to access certain information from your Google account, including but not limited to your email address, name, and profile picture, as permitted by Google's authentication service.
  • Your use of Google Authentication is subject to Google's Terms of Service (https://policies.google.com/terms) and Google's Privacy Policy (https://policies.google.com/privacy).
  • We do not store your Google account password. Authentication is handled securely through Google's OAuth 2.0 service.
  • You are responsible for maintaining the security of your Google account. If your Google account is compromised, you must notify us immediately and take appropriate steps to secure your account.
  • You may disconnect your Google account from our Services at any time through your account settings, subject to our account management policies.
  • If you choose to use Google Authentication, you may also set up a password for your account as an additional security measure or as a backup authentication method.
  • We reserve the right to disable Google Authentication for your account if we detect suspicious activity or violations of these Terms of Service.

By using Google Authentication, you understand that Google may collect, use, and share information about you in accordance with Google's Privacy Policy. We are not responsible for Google's collection, use, or sharing of your information.

As a Free User (no subscription), you can create and use up to 3 "unsubscribed" resources. When you upgrade to a paid subscription, you unlock unlimited resources, and your unsubscribed resources will be ported over to the subscribed ones. If you cancel or downgrade back to Free, your unsubscribed resources will reappear and remain available until you subscribe again.

5. Purchases and Payment

The user buys their subscription from the application by providing their personal data in the online subscription form as described in the Privacy Policy. We have 2 subscription plans: Monthly and Annual. The user will choose the subscription plan they want and will have to fill in all the requested information to complete the purchase process. The user can upgrade from Monthly to Annual, but they will no longer receive a refund for the monthly one if they do this. This aspect is mentioned with an alert popup in the application.

We will charge the User in the sense that if they use the Application for 10 days and the Subscription is $5.99 for one month, if they issue a refund, we will return the prorated amount back ($3.99) and not the full amount paid. Read more on this on our Cancellation & Refund Policy page.

Note: We may change our prices at any time, but will provide advance notice of any pricing updates by email at noreply@lightning-assist.com.

Users have the possibility to remove the Subscription without making a refund. The refund period is 14 days. Our refund policy can be consulted here.

Invoice Processing & Upgrade Policy

  • Pending Invoice: If your previous subscription has ended and an invoice is generated, you must wait up to one hour for it to be paid before upgrading.
  • Failed Payments: If a charge fails (e.g., insufficient funds or an expired card), you have 24 hours to provide a valid payment method.
  • Termination & Renewal: If the retry also fails, your subscription will be terminated automatically. You may then create a new subscription at any time.

If a renewal payment fails (for example, due to insufficient funds), you can update your card details and click the Retry Payment button in the Lightning Assist app. This will re-attempt the charge and restore your subscription without interruption.

We have coupon functionality; we will be able to give 100% discount coupons to have free subscriptions or with any percentage (between 1% and 100% discount). We use Stripe for payment analytics and other business services. Stripe collects identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

The following payment services can be used to perform payments:

  • AMEX
  • JCB
  • MASTERCARD
  • UNIONPAY
  • VISA

Each month, Lightning Assist will automatically bill the user's card and transfer the payment into Lightning Assist SRL's account.

The user can update their payment method in the application at any time. For instance, if their initial card runs out of funds or if the original card expires and they obtain a new one, they can easily switch to a different payment method within the app.

Note: We do not accept Diners Club and Discover cards because the company operates outside of the USA. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in US dollars.

You, as registered user of Lightning Assist, agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that in our sole judgment appear to be placed by dealers, resellers, or distributors.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Free Access

Under the provisions stated in these terms of services, you have free limited access to the Services without paying a subscription fee or requiring credit card information. As a Free Tier user, you can create/use a maximum of 3 resources (we call them unsubscribed resources) which will be transferred into your account when subscribing to the service for the first time.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@lightning-assist.com.

Fee Changes

Occasionally—and only infrequently—we may revise the subscription fee; any such changes will be communicated to you ahead of time, in line with applicable law.

7. Promotion Codes and Trial Subscriptions

7.1 Promotion Codes:

Occasionally, we may provide promotional codes that offer discounts of anywhere from 1% up to 100% on purchases and subscriptions. Users can apply promotion codes either within the app or during Stripe checkout. Codes remain valid even if you already have an active subscription, and you’re free to remove any applied code at any point before completing your payment.

7.2 Refer-a-Friend Promotion Codes:

If you participate in our Refer-a-Friend program, you will receive a promotion code for a 100% discount once a referred user has subscribed and their subscription has been active for at least fourteen (14) days. This code will be sent to you via email and will also be visible within the application.

7.3 Resource Example Promotion Codes:

You will receive a 100% discount promotion code each time you reach 100 accepted Resource Examples. The code will be sent to you via email and will also appear in the application.

7.4 Premium Trial subscription:

New users receive a Premium Trial subscription for fourteen (14) days without the need to provide payment information or a credit card. If you choose to subscribe to a paid plan while your Premium Trial is still active, the remaining days of your trial will be added to the duration of your paid subscription.

8A. AI Features (AI Chat, AI Speech, AI Enhance, and AI Credits)

Overview

The Services include optional artificial intelligence features, such as AI Chat, AI Speech(voice-to-text transcription), AI Enhance (automated content enhancement), and programmatic content generation or editing. These features are powered by third‑party model providers (collectively, "AI Service Providers"). We may change providers over time. We currently instruct providers not to use your prompts or outputs to train their models, and we do not use your prompts or outputs to train our own systems, except to the extent necessary to provide, maintain, secure, and bill the Services.

AI Speech (Voice-to-Text)

The AI Speech feature enables you to convert spoken words into text using voice-to-text transcription. This feature is optional and requires your explicit consent to use.

Audio Recording Policy: We do not record, store, or retain any audio recordings of your voice. Audio data is processed in real-time by our AI Service Providers for transcription purposes only and is immediately discarded after processing. We do not maintain any audio files or voice recordings on our servers or in our systems.

Transcription Storage: Only the resulting text transcription may be stored, and only if you explicitly choose to save it. 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.

User Control: You can enable or disable the AI Speech feature at any time. You can choose to use the feature without any transcription being saved or recorded. You can opt out of saving transcriptions entirely. Your use of AI Speech is entirely voluntary and subject to your explicit consent.

Billing: AI Speech usage is measured and billed through AI Credits, as described in the AI Credits section below. Usage is based on the duration of audio processed for transcription.

Accuracy and Limitations: Voice-to-text transcriptions may contain errors, inaccuracies, or incomplete text. Transcriptions are provided "AS IS" and do not constitute professional advice. You are responsible for reviewing and verifying transcriptions before relying on them.

AI Credits

Certain AI features consume AI Credits. Credits are a unit of measure tied to model usage (for example, characters or tokens processed, images generated, or similar metering). Credit balances and currently available packages are displayed in the application; only default active packages are offered.AI Credits are purchased in packages priced in United States dollars (USD) and applicable taxes may apply. Credits do not expire. Credits are not legal tender, have no cash value, are non‑transferable, and are non‑refundable except where required by applicable law or in limited goodwill situations (for example, duplicate purchase or verified metering error). Promotional credits may be subject to additional terms disclosed at issuance.

Measurement and Billing

We meter usage based on provider reports or our internal instrumentation. We may apply fair‑use limits, concurrency caps, or request throttling to protect service stability. Usage summaries in the application are provided for convenience and may be adjusted if a provider later revises its metering. There are no daily or monthly usage caps imposed by us; if you exhaust your credits, AI features pause until you purchase additional credits.

Acceptable Use for AI

In addition to the Prohibited Activities, you agree not to use AI features to generate or request: illegal content; child sexual abuse material; content that exploits minors; malware, unauthorized surveillance, or instructions facilitating wrongdoing; content that infringes others’ rights; or sensitive personal data without a lawful basis. You must not attempt to subvert safety filters or rate‑limits.

Input and Output Ownership

As between you and us, you retain ownership of your prompts/inputs and the resulting outputs, to the extent permitted by law and the applicable AI Service Provider terms. You grant us a limited license to process your inputs and outputs solely to provide the Services, comply with law, and enforce these Legal Terms. Outputs may be similar to content generated for others; you are responsible for any use and for performing appropriate reviews (including for accuracy, bias, and IP clearance).

Accuracy, Safety, and Non‑Advice

AI outputs can be incorrect, incomplete, or unsafe. They are provided "AS IS" for informational purposes only and do not constitute professional advice. You must evaluate outputs before relying on them, and you remain solely responsible for your use of the outputs.

Data Handling

We minimize the personal data included in prompts and recommend that you avoid submitting sensitive data. Processing locations may include the European Union, the United States, or other regions in which our cloud vendors and AI Service Providers operate, as described in our Privacy Policy.

Suspension

We may suspend or limit AI features if we detect abuse, excessive error rates, security risks, or impacts on platform stability, or to comply with applicable law or provider requirements.

8. Software

We may include software for use in connection with our Services. If such software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

Real-Time Service Updates

In order to deliver real-time updates and ensure optimal functionality, our services utilize Server-Sent Events (SSE) technology to maintain a persistent connection with our servers. As a result, your device may be connected to the internet whenever the application is running.

Note: We never transmit user-related data to our servers (e.g. private files, typed input, data from other open apps, memory contents, CPU profiles, location or any other personal info). No other information leaves your device.

For any additional inquiries or further questions, simply send a message to support@lightning-assist.com and we’ll gladly get back to you right away with a transparent answer.

9. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person, or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats ("gifs"), 1x1 pixels, Web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

Users who violate the permitted use of the Services may be banned for a period determined by a Lightning Assist administrator. When they next log in, they’ll see the message: You are banned.

10. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively "Contributions").

Users have the opportunity to create Resource Examples for other users in the Lightning Assist community, and they agree that the resources they suggest to others will be used by any other users in the Lightning Assist community. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, 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, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • 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 these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. Contribution License

By posting your Contributions to any part of the Services, you automatically grant-and you represent and warrant that you have the right to grant-us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate into other works such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

12. Third-Party Websites and Content

The Services we provide do not commonly contain links to other websites ("Third-Party Websites") as for articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Through our webpage, although the Third-Party Websites and Third-Party Content for other services providers like Facebook, Instagram, YouTube, or TikTok are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate relating to third parties. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. Services Management

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms;
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • In our sole discretion and without limitation, notice, or liability to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy presented when downloading Lightning Assist for the use of the Services, which is incorporated into these Legal Terms.

Please be advised that the Services are hosted on Amazon Web Services (AWS) infrastructure, which may include data centers located in the European Union, the United States, or other regions where AWS operates. By accessing or using the Services, you acknowledge and expressly consent to the transfer, storage, and processing of your data within these AWS locations in accordance with AWS’s data protection and security practices. Further, we do not knowingly accept requests or solicit information from children or knowingly market to children, and we have implemented measures designed to prevent any form of child abuse.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

16. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WHEN WE BECOME AWARE OF A VIOLATION OF ANY OF THE PROVISIONS CONTAINED HEREIN, WITHOUT LIMITING ANY PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR FREE DISCRETION AND WITHOUT NOTICE OR LIABILITY, REJECT YOUR USE OF (ACCESS TO) THE SERVICE (INCLUDING BY TEMPORARILY OR PERMANENTLY BLOCKING A CERTAIN IP ADDRESS) TO ANY PERSON WHO VIOLATES THE CONTRACTUAL TERMS INSCRIBED IN THIS DOCUMENT OR APPLICABLE LEGAL REQUIREMENTS OR GOOD MORALS IN THE OPERATION OF THE USER ACCOUNT.

Based on their conduct in the Lightning Assist Community, users can be banned following a certain procedure. Banned users will see an informative message upon login stage stating You are banned. in order to be informed that a breach was identified by the community admin and to have the possibility to argue a defense. When identified, the inappropriate behavior of one user will lead to the correspondent account being suspended by a Lightning Assist administrator for a maximum of 48 hours (2 days) to analyze the infringement of the Terms & Conditions or of the community rules and depending on the result of this analysis, the account could be banned for a maximum of 30 days (1 month) or in severe and repeated breaches, lifetime.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

When a new update is available, it will automatically download in the background—using the user’s internet connection without any prompt. Once the download finishes, a dialog will appear giving the user the option to update now or later. It is crucial that the download itself is initiated and completed in the background, without any action required from the user.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. Governing Law

These Legal Terms are governed by and interpreted following the laws of Romania and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded.

If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Both you and Lightning Assist SRL agree to submit to the jurisdiction of the Courts of Iasi – the provider’s registered office – however, you may also choose to bring a claim in any EU Member State where you reside under applicable EU rules.

If you are not a consumer residing in the EU, these Terms (including their validity, interpretation and performance) shall still be governed by Romanian law, and any dispute arising under or in connection with them shall be subject to the exclusive jurisdiction of the Courts of Iași, Romania.

19. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each "Dispute" and collectively the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg and which are in force at the time the application for arbitration is filed and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be in Iasi, Romania. The language of the proceedings shall be Romanian while the English proofs should be translated by an authorized translator. Applicable rules of substantive law shall be the law of Romania.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

We continuously improve Lightning Assist based on the experience of our customers, and we have developed a Help section where we communicate with customers through tickets. In case of malfunctions/errors or needed guidance in using our application, they create a ticket that we register in the database followed by communication with the customer through email or chat session until the problem that interferes is solved and the ticket is closed.

21. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the lesser of the amount paid.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by any third party due to or arising out of:

  • Your Contributions;
  • Use of the Services;
  • Breach of these Legal Terms;
  • Any breach of your representations and warranties set forth in these Legal Terms;
  • Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. Electronic Communications Transactions and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Services satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

27. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

How can you contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Lightning Assist S.R.L
Str. Petre Tutea nr. 35
Iasi, Iasi 700731
Romania
Phone: +40755359042
Email: support@lightning-assist.com