Terms of Service

Terms of Service

These terms and conditions of service (the “Terms”) apply to your use of the Lightdogs app and website (“Lightdogs”). We are Sapien Technology (“Sapien”, “we”, or “us”), and we’re excited to have you as a user of Lightdogs! The Terms also include our Privacy Policy, which you can review here: lightdogs.com/privacy. Please read the Terms carefully before you start using Lightdogs, because by using Lightdogs you accept and agree to be bound and abide by these Terms (the “Agreement”), including our Privacy Policy. Should you not agree with any of the provisions herein, you must not Lightdogs. If you have any concerns, please contact us at cam@lightdogs.xyz.

 

Changes to the Terms of Service and the Service

We reserve the right to update Lightdogs and these Terms from time to time, at our discretion and without notice. Nevertheless, this document is publically available and you will be able to track the changes for any new version. Your continued use of Lightdogs following the publishing of updated Terms means that you accept and agree to the changes.

 

Accessing the Service, Security, and Privacy

We cannot guarantee that Lightdogs will be up and running 24/7, though we do our best! We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of Lightdogs is unavailable at any time or for any period, nor for any data loss. To access certain features of the Service you have to register by entering your email address and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend you choose a strong password using letters, caps, numbers, and punctuation (e.g. ‘4tressOfS0litude9000!’), and log out from your account at the end of every session. It is a condition of your use of Lightdogs that all the information you provide on Lightdogs is correct, current, and complete. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms. Though we take all reasonably steps to ensure the security of your information and activity on Lightdogs, we cannot guarantee that all use will be secure. We also do not guarantee that Lightdogs or any content provided on Lightdogs is error free.

 

In-App Purchases

Lightdogs is free to download and use. We make money by offering you in-app purchases of boosters and other items to improve your collection. Boosters are items that allow you to earn joules at a faster rate during unplugged sessions for a set period of time (usually 12 hours). All in-app purchases are processed by Apple through the App Store, so we do not directly handle your payment information.

 

Disclaimer of Warranties, Limitations of Liability, and Indemnification

Your use of Lightdogs is at your sole risk. Lightdogs is provided ‘as is’ and ‘as available’. To the maximum extent permitted by applicable law, we disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of Lightdogs, and you agree to defend, indemnify, and hold us harmless from any claims, losses, liability costs, and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use Lightdogs. Because Lightdogs is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.

 

Term and Termination

This Agreement will become effective in relation to you when you create an account with us or when you start using Lightdogs, and will remain effective until terminated by either party. We reserve the right to terminate this Agreement or suspend your account at any time in case of unauthorized, or suspected unauthorized use of Lightdogs, whether in contravention of this Agreement or otherwise. If we terminate this Agreement, or suspend your account for any of the reasons set out in this section, we shall have no liability or responsibility to you.

 

Intellectual Property

We respect intellectual property rights, and expect you to do the same. Lightdogs and the content provided through Lightdogs is the property of Sapien or its licensors, and is protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use Lightdogs (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using Lightdogs, nor may you remove or alter any copyright, trademark or other intellectual property notices contained on or provided through Lightdogs.

 

Technology Limitations and Modifications

We will make reasonable efforts to keep Lightdogs operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of Lightdogs with or without notice.

 

Assignment

We may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

 

Entire Agreement

These Terms together with the Privacy Policy (the “Agreements”) constitutes all the terms and conditions agreed upon between you and Sapien and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to Sapien are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by us not contained in this Agreement.

 

Governing Law and Jurisdiction

Lightdogs and these Terms will be governed by and construed in accordance with the laws of New Brunswick and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of New Brunswick or any other jurisdiction), and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to Lightdogs and under these Terms will be instituted in the courts of the province of New Brunswick and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Contact Us

All feedback, comments, requests for technical support, and other communications relating to Lightdogs should be directed to Cam Crain:
• By email: cam@lightdogs.xyz
• By phone number: +1 (506) 663-5680