Lightrun – Terms of Use – Website and Services
LightRun – Terms of Use
Website and Services
[Last updated: May 14th, 2023]
Lightrun Platform Ltd. and its affiliates (collectively, “LightRun”, “Company”, “we” or “us”) welcome you (the “User”, “you” or “your”) to our: (i) website at https://www.lightrun.com/ and any additional websites or webpages owned and/or operated by LightRun (collectively, the “Site”) and/or (ii) any services which may be offered to you and accessed by you through the Site, including free trial services offered by us (the “Services”).
By entering into, connecting to, accessing or using the Site and/or Services you hereby acknowledge that you have read and understood and agreed to be bound by the terms and conditions herein (“Terms of Use”), including the LightRun Privacy Policy, incorporated herein by reference (available at: https://lightrun.com/privacy-policy/ (“Privacy Policy” and collectively, the “Terms”) regarding your use of the Site and Services. If you do not agree to these Terms please do not access or use the Site and/or Services.
These Terms do not govern the use of LightRun’s products and services which are not accessible through the Site, to which Terms and Conditions may be found at: https://lightrun.com/services-terms-and-conditions.
If you are entering into these Terms on behalf of a corporation or another legal entity, you hereby represent that you have the authority to bind such entity to the Terms, in which case the terms “User” “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and shall not be permitted to use the Site and Services. Such corporation or another legal entity shall be solely liable for any of its Users’ compliance with these Terms.
You (and any Users on your behalf) must be over the age that is considered to be the age of minors according to the law applicable to you to be able to access and use the Site and Services. We reserve the right to request proof of age at any stage so that we can verify that minors are not accessing or using the Site and/or Services. In the event that it comes to our knowledge that a person who is a minor is using the Site and/or Services, we will prohibit and block such person from accessing the Site and/or Services and will make all efforts to promptly delete any data with regard to such person.
By accepting these Terms, you represent and warrant that any and all information you provide us through the Site and Services is true, accurate and complete. The provision of false or fraudulent information is strictly prohibited.
Site & Services
These Terms govern your access and use of the following:
- Site: Our Site offers basic information on LightRun, its technology and various products, features and services which we offer. You may also contact LightRun through our Site or a landing page on our behalf.
- Services: The Site also offers you access and use by Users of the Services, including a free trial period. Such Services are provided free of charge, however, LightRun reserves the right to charge for such Services in the future, pursuant to separate terms and conditions to govern such chargeable access and use of the Services. Without derogating from the aforesaid, any Services offered for a free trial, shall be limited for the term set forth on this Site.
LightRun reserves the right to modify, correct, amend, enhance, improve, make any other changes to, suspend or discontinue, temporarily or permanently the Site and/or Services (or any part thereof, including but not limited to any LightRun content) without notice, at any time and at its sole discretion. You agree that LightRun shall not be liable to you (and/or to any Users on your behalf) for any such actions, including without limitation, modification, suspension, or discontinuance of the Site and/or Services.
Rights to Access and Use
Subject to your compliance with these Terms, LightRun is granting you a limited, personal, non-exclusive, non-transferrable, non-sublicensable, revocable (at LightRun’s discretion) right to access and use the Site and the Services subject to these Terms, for your own internal use. Other than the rights and licenses expressly provided to you hereunder, no other rights, licenses or interests whatsoever in any of the Site and Services and/or any component thereof, are transferred or granted. Without limiting the foregoing, you may not: (i) use the Site and Services or any part thereof, for purposes other than those explicitly set forth hereunder; (ii) reverse engineer or de-compile, modify or revise the Site and/or Services, or any part thereof, or create derivative works thereof or extract any source code from any binary code or files provided; (iii) sublicense, resell or re-offer the Site and/or Services, or any part thereof or use the Site and/or Services to offer services to any third parties (including in a service bureau environment); (iv) otherwise commercially utilize the Site and/or Services, or any part thereof except as expressly permitted under these Terms.
Accounts & Passwords
In order to access and use the Services you will need to create a User account (“Account”) and provide certain details requested therein. If you are not logging on through a third party network (such as Google SSO), you must also create a password to access your Account. You are solely responsible for maintaining the confidentiality of your Account and password and you must not share such credentials with any third party. You should ensure that you exit from your Account at the end of each session and take particular caution when accessing your Account from public or shared computers. You agree to notify us immediately at support@lightrun.com of any unauthorized access to or use of your Account or password or any other breach of security. All information you provide for registration of your Account will be stored and used in accordance with our Privacy Policy. You agree that you will immediately notify LightRun in the event that you discover or believe that your Account or user name or password has been accessed in any unauthorized way. LightRun shall not be liable to you or any third party for any failure by you to prevent unauthorized access to your Account.
Representations and Restrictions
You represent and warrant at all times throughout your access to and use of the Site and/or Services that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligations under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to your access to and use of the Site and/or the Services, including any applicable export control requirements; (iii) your access to and use of the Site and/or Services has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of these Terms.
Certain conduct is strictly prohibited on and/or with respect to the Site and/or Services. Your failure to comply with the provisions set forth below may result, in the termination or suspension of your access to the Site and/or Services, which is at LightRun’s sole and absolute discretion, and may also expose you to civil and/or criminal liability. Accordingly, neither you (nor any Users on your behalf) will: (a) make the Site and/or Services available to anyone, or use the Site and/or Services for the benefit of anyone, except as expressly authorized hereunder; (b) use the Site and/or Services to store or transmit infringing, libelous or otherwise unlawful or tortious material, or use the Site and/or Services to store or transmit material in violation of third-party privacy rights; (d) remove any proprietary notices, restrictions, signs or labels; (e) use the Site and/or Services to send unsolicited bulk commercial email of any kind, regardless of the content or nature of such messages; (f) interfere or attempt to interfere with the integrity or proper working of the Site and/or Services; (g) transmit harassing, obscene, racist, malicious, abusive, libelous, illegal or deceptive messages or files; (h) interfere with the use of the Site and Services by other Users; (i) alter, tamper with or circumvent any aspect of the Site and Services; (j) commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious act; or (k) use the Site and/or Services for any unlawful, invasive, infringing, defamatory or fraudulent purpose and/or in any manner not expressly authorized by these Terms or otherwise not in accordance with applicable law.
User Data and Content
Any information and data you share with us (“User Data”) will be stored and used in accordance with our Privacy Policy.
When you provide any User Data, you hereby represent and warrant that you have full authority to provide us with such User Data.
LightRun allows you to upload, post, publish and make available on the Site and/or Services copyrightable materials such as literary works, text, images, photos, videos, strips and any other proprietary materials (the “User Content”).
Such User Content shall remain at all times, and to the extent permitted by law, the property of its third-party owner. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such material, on the Site and/or Services, in any way. You represent and warrant that you are the rightful owner of the User Content you upload, or, that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content, which are required to use and enable LightRun to use the User Content you upload and that such User Content does not infringe any third party’s copyright, and/or other intellectual property, privacy or other rights.
You agree that you will not post or upload any User Content containing content that is unlawful for you to possess, post or upload in the country in which you are resident, that is against any internal policies or regulations of the organization for which you may work, or that it would be unlawful for LightRun to use or possess in connection with the Site and Services. LightRun explicitly reserves the right to remove the User Content without giving any prior notice, at its sole discretion. When you upload, post, publish or make available any User Content or use such User Content, you grant LightRun an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sublicensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available and perform that User Content, along with your name, details, trademarks, service-marks and logos, only in connection with the Site and/or Services, whether through the Internet, any mobile device, platforms or otherwise, in any media formats and through any media channels known today and developed in the future. You understand and agree that you are solely responsible for User Content and the consequences of publishing such User Content on the Site and/or Services.
Without derogating from the generality of the foregoing, any information or materials that you consider trade secrets, confidential or proprietary should not be submitted to us. Absent an express written agreement to the contrary, any information or materials that you provide to us will not be considered confidential or proprietary and will not be returned or safeguarded.
Lightrun shall not be responsible for the preservation or availability of any data, information, or results uploaded or generated by you, including User Data and User Content, while using the Services. You acknowledge that any such data, information, or results generated or uploaded during use of the Services may be permanently deleted by us at the conclusion of any pre-defined trial period, or as shall otherwise be determined by us at our sole discretion, and we shall not be liable for any loss or damage resulting from the deletion of such data, information, or results.
If you believe any materials accessible on or from the Site and/or Services (which materials you have previously uploaded or posted to and in a third party website or platform) infringe your copyright, you may request removal of those materials (or access to them) from the Site and/or Services by submitting written notification to marketing@lightrun.com.
You hereby grant LightRun a perpetual, irrevocable, royalty-free, and fully paid-up right to use and otherwise exploit in any manner any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you and/or any end-users related to the Site and Services or other LightRun products or services, including for the purpose of improving and enhancing the Site and Services and/or such other products or services (“Feedback”). You hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform LightRun as soon as you become aware of any third- party right or limitation which may apply to the Feedback and/or otherwise to LightRun.
Intellectual Property Rights
The Site, Services, any related documentation, and the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, LightRun’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and/or Services and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered and further including any and all derivatives, enhancements, modifications and/or improvements thereof (collectively, “Intellectual Property”), are owned by and/or licensed to LightRun, and are subject to copyright and other applicable intellectual property rights under U.S. and Israeli laws, foreign laws and international conventions.
All logos and other proprietary identifiers used by LightRun in connection with the Site, Services and other LightRun products and services, (“LightRun Trademarks”) are all trademarks and/or trade names of LightRun or its affiliates, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Site and/or Services belong to their respective owners (“Third-Party Marks”). No right, license, or interest to LightRun Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to LightRun Trademarks or the Third-Party Marks and you will not use any of these marks, unless expressly permitted to do so.
Third Party Services
The Site and/or Services may be linked to and/or through certain third-party websites and other third-party services (collectively, “Third-Party Services”). Such Third-Party Services are independent from the Site and/or Services and/or otherwise from LightRun. You hereby acknowledge that LightRun has no control over such Third-Party Services, and further acknowledge and agree that LightRun is not responsible for the availability of Third-Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
You further acknowledge and agree that LightRun shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third-Party Services. Most Third-Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third-Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third-Party Services.
No reference made in this Site and/or the Services to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of LightRun, constitute or imply an endorsement, recommendation or favoring by LightRun.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND SERVICES (WHETHER PROVIDED WITH OR WITHOUT CONSIDERATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THESE TERMS, NOR ANY DOCUMENTATION FURNISHED UNDER THEM ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE AND/OR THAT ANY ERROR OR MALFUNCTION MAY OR WILL BE RESOLVED. LIGHTRUN NEITHER PROVIDES NOR EXTENDS ANY PRODUCT OR SERVICE WARRANTY, SUPPORT AND/OR MAINTENANCE OBLIGATIONS TO YOU, AND/OR ANY SERVICE LEVEL OR UP-TIME AVAILABILITY COMMITMENT, WHETHER THE PRODUCTS AND SERVICES ARE PROVIDED WITH OR WITHOUT CONSIDERATION. LIGHTRUN DOES NOT WARRANT THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN SECURE OR UNCORRUPTED FORM OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED, RECEIVED OR SUBMITTED THROUGH THE SITE AND SERVICES ARE AT YOUR SOLE RISK AND THAT LIGHTRUN WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING ANY DATA, PERSONAL COMPUTER EQUIPMENT OR STORAGE MEDIA).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU SHALL BE FULLY LIABLE UNDER THESE TERMS TO LIGHTRUN AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS AND ITS USERS’ USE OF THE SITE AND/OR SERVICES AND/OR ANY BREACH OF THESE TERMS.
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUPPLIERS, AFFILIATES AND SUBSIDIARIES OR ANY OF OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, LIGHTRUN CONTENT OR USER CONTENT, LOST DATA, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL PROTECTED ENTITIES’ AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100). WE WILL FURTHER NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL OR ANY OTHER “FORCE MAJEURE” CIRCUMSTANCES UNDER APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION ARE COMPREHENSIVE, AND THE EXAMPLES GIVEN ARE NOT EXHAUSTIVE. THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER LIMITATIONS IN THESE TERMS AND SHALL NOT FAIL IF SUCH OTHER LIMITATION OR REMEDY FAILS. THE LIMITATIONS OF LIABILITY HEREIN MAY NOT BE VALID OR ENFORCEABLE IN CERTAIN JURISDICTIONS, AND IN SUCH CASES, THE PROTECTED ENTITIES’ LIABILITY SHALL BE EXTENDED TO THE MINIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
Indemnification
You agree to indemnify and hold Protected Entities harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site and/or Services, (ii) your User Content, or (iii) your violation of these Terms, applicable laws or regulations or any third party rights. Protected Entities reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Protected Entities and you agree to cooperate with the defense of these claims. You agree not to settle any matter without the prior written consent of Protected Entities. Protected Entities will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Amendment to Terms
LightRun reserves the right to modify or otherwise update these Terms at any time. Continued access or use of the Site and/or Services by you, the Customer and/or any Users on your behalf following such update will indicate their acceptance of the most recent version of the Terms which is available at: https://lightrun.com/services-terms-and-conditions,
LightRun will make commercially reasonable efforts to notify you of any substantial changes to these Terms by posting the new Terms on the Site, and/or Services and/or by sending you an email regarding such changes to the email address registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided through any of the abovementioned methods. All other changes to these Terms are effective as of the stated “Last Update” date and your continued use of the Site and/or Services after the Last Update date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms must be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
Direct Marketing
You agree that we may use your contact details provided through the Site and/or Services to inform you about our products and/or services, which may interest you, to contact you by telephone (including texting), and to send you other marketing materials, including emails, notices, and/or messages on the Site or Platform. You may revoke your consent to any individually targeted communications at any time by contacting us at marketing@lightrun.com.
Misconduct & Copyright Policy
We care about your safety and well-being. If you believe a user acted inappropriately including, but not limited to offensive, violent or sexually inappropriate behavior or content, please report such person immediately to the appropriate authorities and to us.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site and/or Services infringe your copyright, you may request removal of those materials (or access to them) from the Site and/or Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must substantially include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit LightRun to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that LightRun can contact you, such as your address, telephone number and email address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. LightRun’s Copyright Agent can be reached at:marketing@lightrun.com Attn: DMCA Copyright Agent.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the Site or Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (i) full name, address, phone number and physical or electronic signature; (ii) identification of the material and its location before removal; (iii) a statement under penalty of perjury that the material was removed by mistake or misidentification; (iv) consent to an appropriate judicial body; and (v) any other information required under the relevant applicable law. LightRun reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that certain material or activity on the Site and/or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and reasonable attorneys’ fees) under Section 512(f) of the DMCA. It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
Miscellaneous
These Terms will be governed by the laws of the State of Israel without reference to conflict of law principles. Each party agrees to submit to the exclusive jurisdiction of the courts located in Tel Aviv, Israel to resolve any legal matter arising from these Terms, without derogating however from each party’s right to obtain temporary remedies (including injunctions) in any competent court. You may not assign any of your rights or obligations under these Terms and Order Forms, whether by operation of law or otherwise, without the prior written consent of LightRun. LightRun is free to assign any of its rights or obligations under these Terms to any third party, including in the framework of mergers and acquisitions, reorganization and the like. The parties are independent contractors and these Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries under these Terms. These Terms are the entire agreement between the parties relating to the subject matter hereof. Waivers and amendments of any provision hereof shall be effective only if signed by both parties. The failure of either party to enforce its rights hereunder at any time for any period shall not be construed as a waiver of such rights. If any provision hereof is held invalid or unenforceable, the remainder provisions will continue in full force and effect.
Contact
If you have any questions (or comments) concerning the Terms or the Site and/or the Services, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: marketing@lightrun.com
By contacting us, you represent that you are free to do so and that you will not knowingly provide LightRun with information that infringes upon third parties’ rights, including any intellectual property or privacy rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to LightRun, and LightRun may use or refrain from using any such information at its sole discretion.