TERMS OF USE
Last updated: 12/19/2022
1. Introduction
Welcome to Aitarget, Inc (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Use, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Use (“Terms”, “Terms of Use”) govern your use of our mobile application LIT operated by Aitarget, Inc.
- LIT is not a medical app and is not intended for medical purposes of any kind. Our analysis of your heartbeat and other lifestyle data is intended to be used for recreational purposes only, to help you live a healthier life. It should not be assumed to be exceptionally accurate and can not be used for any medical purposes or to diagnose, treat, cure or prevent any disease or condition.
- LIT is not a licensed medical care provider, and we are not acting in a health care professional capacity. we do not provide any medical or clinical services and do not diagnose, treat or manage any illness, disease, or condition.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://app.thelitapp.com/policy
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing support@thelitapp.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
Thank you for being responsible.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing support@thelitapp.com
3. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will apply.
4. Refunds
Except when required by law, paid Subscription fees are non-refundable.
5. Premium services
LIT may also offer you additional services (“Premium Services”), which may include additional features and analysis. You acknowledge that LIT may charge a fee for the use of any Premium Services, provided that LIT notifies you of any such fee before you incur it the first time. Subject to the foregoing, you agree to pay any fees incurred by you. If your agreement to purchase Premium Services includes an “auto renewal” feature, you agree that you may only terminate such auto-renewal in accordance with the processes described below under “Terms of Payment” or as may be specifically set forth on the relevant App or related webpage. In the event that you purchase a subscription for Premium Services that extends beyond the end of the current calendar month and LIT ceases to provide Premium Services prior to the end of the term of your subscription, you may request a refund through the Apple App Store. You acknowledge and agree, however, that you will not have any right to a refund in the event that Premium Services are temporarily unavailable for technical or other reasons, or that LIT changes the Premium Services that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNT EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE SYSTEM, YOU USED TO PURCHASE THE SUBSCRIPTION. Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of LIT), any unearned subscription payments will be forfeited unless the Company decides to pay a refund in its sole and absolute discretion.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use any Premium Services that you have purchased, you have no right or title in or to any such Premium Services or information appearing or originating in the Service, or any other attributes associated with the use of the Service or stored within the Service. Your right to use Premium Services is not transferrable by you and, as with all materials available through the Services may not be resold, repackaged, sublicensed, or otherwise made available to third parties.
LIT reserves the right to discontinue the Services (including Premium Services) or to change the content of the Services (including Premium Services) in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Premium Services in its entirety.
6. Terms of payments
The terms of any agreement to pay for any Premium Services will be explained on the payment page on our website or mobile app, where you will confirm the particulars of your agreement. Some purchases will automatically renew. Any additional terms of any purchase including an automatic renewal are explained below or will be explained on the purchase page, which are incorporated herein.
You will pay for premium services through the Apple system through which you obtained the relevant App upon confirmation of purchase. You agree to pay all charges you subscribe for on a LIT App or otherwise through the Services using this system.
Automatic Renewal/Free Trial Periods. Unless specifically noted at the time you purchase a subscription for Premium Services, that subscription will continue indefinitely until canceled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (“Auto Renew”), and your account will be billed the price you agreed to when subscribing during the 24 hours prior to the expiration of your then-current period unless you turn off the auto-renewal at least 24-hours prior to the end of the current period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to your AppleID settings. The LIT App settings will show the status of your subscription (e.g., free trial, premium, or free user) and will link to the appropriate AppleID subscription settings – but you must go to those settings to change your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We will use commercially reasonable efforts to remind you of the expiration of any free trial period (following which you would become a paid subscriber), but it is your responsibility to track when subscriptions commence and renew.
By subscribing, you authorize the Apple system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if you do not make the required payment, you agree that LIT may either terminate or suspend your subscription and ask Apple or Google, as appropriate, to continue to attempt to charge your account until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. In the event that you purchase Premium Services prior to the end of any free trial or promotional period, you will forfeit the remainder of the free trial or promotional period.
How to cancel an App Store subscription on iPhone or iPad
Launch the Settings app.
Tap iTunes & App Store.
Tap on your Apple ID.
Tap View Apple ID when the pop-up window appears.
Enter your Apple ID password or fingerprint ID when prompted.
Tap Subscriptions.
Tap the Subscription you want to cancel.
Tap Cancel Subscription.
Tap Confirm when prompted to confirm that you want to cancel your subscription.
After your current period ends, whether it is part of a free trial or a regular recurring subscription, iTunes will no longer bill you for that subscription.
7. Content
Content found on or through this Service is the property of Aitarget, Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.
8. Prohibited Uses
You may use Service only for lawful purposes and in accordance with the Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify the Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
9. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is an analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings, or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Amplitude
Amplitude is an analytics service provided by Amplitude, Inc. You can find their Privacy Policy here: https://amplitude.com/privacy
GitLab
GitLab is an open-source code repository and collaborative software development platform for large DevOps and DevSecOps projects provided by GitLab Inc.: https://about.gitlab.com/terms/
AppsFlyer
With your consent we may share some of your non-health Personal Data with AppsFlyer for marketing and promotional purposes.
AppsFlyer is a mobile marketing platform that handles your Personal Data in accordance with our instructions. By using AppsFlyer and its integrated partners for marketing and promotional purposes we are able to reach you and people like you on various platforms and spread the word about LIT. If we need to share your Personal Data with other platforms for this purpose, except as we have explained in this Privacy Policy, we will ask for your consent.
Read more about AppsFlyer Privacy Policy here:
here: https://www.appsflyer.com/legal/privacy-policy
10. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of the Service.
11. Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
12. Intellectual Property
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Aitarget, Inc and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aitarget, Inc.
13. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@thelitapp.com with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
14. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email support@thelitapp.com
15. Error Reporting and Feedback
You may provide us either directly at support@thelitapp.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other rights, title, or interest in or to the Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party, and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The third-party sites and tools mentioned above include the following:
Bugsnag
Bugsnag is a platform for monitoring and logging the stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here:
https://docs.bugsnag.com/legal/privacy-policy/
Firebase Crashlytics
Firebase Crashlytics is a bug-reporting service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings, or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
16. Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Aitarget, Inc.
Aitarget, Inc has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT Aitarget, Inc SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
17. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
19. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
20. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
21. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
22. Amendments To Terms
We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
23. Waiver And Severability
No waiver by the Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
24. Acknowledgment
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
25. Contact Us
Please send your feedback, comments, and requests for technical support by email: support@thelitapp.com