Terms of Use

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://uselighter.com, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Lighter is designed to be used anonymously. When you first open the app, we create a random user identifier for you, and you can begin tracking without providing your name, email address, or any account credentials. You may optionally create a secure account to back up and sync your data by using Sign in with Apple or by registering with an email address. Any information you provide during onboarding or registration related to your medications, weight, and health goals so that we can provide the Services (together, "Registration Information") should be accurate, complete, and kept up to date. You may not transfer your account to anyone else without our prior written permission.

Where you choose to sign in using your credentials from Apple (a "Third Party Account"), you permit us to access certain information from that account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

If you create an account, you will not share your account credentials with anyone, and you must protect the security of your account and any other access tools or credentials. You're responsible for any activity associated with your Lighter account.

Lighter does not offer medical advice or diagnoses, or engage in the practice of medicine. The Services are a personal self-tracking tool for GLP-1 and peptide use; they are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and record-keeping purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy, or other healthcare advice by Lighter.

The Services are not meant to diagnose or treat any conditions – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate, and effective based on your needs. Reliance on any information provided by Lighter or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services, including the doses, weights, side effects, and other data you choose to log.

You acknowledge that the provision of any Content (defined below) does not create a medical professional/patient relationship between you and Lighter or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. Patients should always obtain applicable diagnostic information from appropriate trusted sources. Healthcare professionals should never withhold professional medical advice or delay in providing it because of something they have read in connection with our Services.

THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.

As part of the Services, you may receive communications from Lighter. If you provide us with an email address, we may send you transactional and lifecycle email (for example, account confirmations, security notices, receipts, and information about your account or the Services) through our email provider, Brevo. If you enable notifications on your device, we may also send you app push notifications, such as dose or check-in reminders.

We do not send SMS or text messages and do not use automated dialing technology or your wireless phone number to contact you. You can opt out of marketing or lifecycle email at any time using the unsubscribe link in those messages, and you can turn off push notifications at any time in your device settings or in the app. We may still send you certain non-promotional messages about your account or the Services that are necessary to operate them.

Lighter takes the privacy of its users very seriously. For our current Privacy Policy, please see our Privacy Policy. Because much of what you track reflects your health, our Consumer Health Data Privacy Policy also applies. Notwithstanding anything else, Lighter is permitted to use Personal Data (as defined in the Privacy Policy), as permitted in the Privacy Policy.

The Children's Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 18 years of age; if you are a child under 18 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us at [email protected].

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Lighter);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, or any other purpose not reasonably intended by Lighter;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• copies or stores any significant portion of the Content; or
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Lighter's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Lighter owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy, download, or export certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Anything you log, upload, store, or otherwise provide through the Services is your "User Submission." This includes the medications, doses, routes, injection sites, pain levels, notes, weight and body metrics, side effects, onboarding answers, and any optional progress photos you enter. Your User Submissions are your own private tracking data. Lighter does not include any community, social, public, or user-to-user features, and your User Submissions are not shared with, or made viewable to, other users. You are solely responsible for your User Submissions, and you represent that they comply with these Terms and all applicable laws, rules, and regulations.

To operate the Services for you, you grant Lighter a limited, non-exclusive, worldwide, royalty-free license to host, store, back up, sync, reproduce, and modify (for technical purposes, for example, making sure your data is viewable across your devices) your User Submissions, and to display and distribute your User Submissions back to you, in each case for the sole purpose of making your User Submissions accessible to you and providing the Services necessary to do so. This is a license only – your ownership in your User Submissions is not affected. The license is subject to our Privacy Policy and Consumer Health Data Privacy Policy, and it ends when you delete the relevant User Submission or your account, except for backups or copies we are required to retain by law or that persist for a limited period in routine backups.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, you grant Lighter a royalty-free, perpetual, irrevocable, sublicensable, and worldwide license to use that feedback for any purpose without any obligation to you.

Notwithstanding anything to the contrary, you acknowledge and agree that we or our suppliers or licensors may create Aggregated De-Identified Data from the Personal Data or other data we or they collect from your use of the Services. We or our suppliers or licensors may use such Aggregated De-Identified Data and disclose it to third parties for our or their lawful business purposes, including to analyze, build and improve, or promote our or their businesses, products, or services. "Aggregated De-Identified Data" means data in aggregate and anonymized or de-identified form only, which can in no way be linked specifically to or personally identify a particular user (including where the size of a data cohort is insufficient to preserve anonymity).

In accordance with the DMCA, we've adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Lighter's Designated Agent to Receive Notification of Claimed Infringement (our "Designated Agent," whose contact details are listed below):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Lighter is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

• remove or disable access to the infringing material;
• notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
• terminate such content provider's access to the Services if he or she is a repeat offender.

Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

• A physical or electronic signature of the content provider;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Lighter is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Lighter may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Lighter may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Lighter's discretion.

Please contact Lighter's Designated Agent at the following address:

DMCA Designated Agent, Legal Department

Flame Industries Inc.

7901 4th St N, STE 300, St. Petersburg, FL 33702

Phone: 786-220-2752

Email: [email protected]

We will provide a counter-notice process for material removed in error, will terminate repeat infringers in appropriate circumstances, and may forward notices to the affected user. Submitting a materially false or bad-faith notice or counter-notice may create liability under 17 U.S.C. § 512(f). Trademark, right-of-publicity, and trade-dress complaints may also be sent to the same agent with comparable detail.

Any information or Content transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Lighter. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Lighter is not responsible for such risks.

Lighter has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Lighter will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Lighter shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between you and any third party, you agree that Lighter is under no obligation to become involved. You release Lighter, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Any and all such charges, fees, or costs are your sole responsibility.

Paid Services. Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Payment terms with respect to Paid Services will be presented to you before purchase and are deemed part of these Terms.

Billing. Lighter offers Paid Services as auto-renewing subscriptions purchased through Apple's in-app purchase system on the App Store. Our subscription infrastructure is supported by RevenueCat, but your payment is processed by Apple. When you purchase a subscription, you do so through your Apple account, and billing, renewals, refunds, and cancellations are handled by Apple in accordance with Apple's applicable terms and policies. We do not collect or store your credit card or other payment-card numbers. By choosing to use Paid Services, you agree to pay, through Apple, all charges at the prices then in effect for such Paid Services in accordance with the applicable payment terms.

Recurring Billing; Auto-Renewal. Some Paid Services consist of a subscription with recurring period charges as agreed to by you. By choosing an auto-renewing subscription, you acknowledge that such Services have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. UNLESS YOU CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AT THE THEN-CURRENT NON-PROMOTIONAL PRICE, AND APPLE WILL CHARGE YOUR APPLE ACCOUNT FOR EACH RENEWAL. Your subscription renews automatically unless you cancel it in your Apple subscription settings at least 24 hours before the end of the current period. Apple charges you for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscription at any time in your Apple subscription settings on your device.

Cancellation and Refunds. IF YOU DO NOT WANT YOUR SUBSCRIPTION TO RENEW, YOU MUST CANCEL IT THROUGH YOUR APPLE SUBSCRIPTION SETTINGS BEFORE THE END OF THE THEN-CURRENT PERIOD. If you cancel, you may continue to use the Paid Services until the end of your then-current period, and your subscription will not renew after that period expires. Because billing is handled by Apple, refunds are subject to Apple's policies, and refund requests are made to Apple. Deleting your Lighter account does not, by itself, cancel an active App Store subscription; you must cancel the subscription through Apple.

Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. Unless you cancel before the end of the trial period, you may be charged for the applicable Paid Service when the trial ends, in accordance with Apple's applicable terms. You must cancel through your Apple subscription settings before the end of the trial period in order to avoid being charged. If you believe you were charged in error, refund requests are handled by Apple; you may also contact us at [email protected].

You're free to do that at any time. You can delete your account and its data from inside the app (Settings → Delete Account) or by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Deleting your account does not cancel an active App Store subscription – you must cancel that through your Apple subscription settings.

Lighter is also free to terminate (or suspend access to) your use of the Services or your account for any reason at our discretion, including your breach of these Terms. Lighter has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

You acknowledge and agree that the availability of our mobile application is dependent on the third-party store from which you download the application, i.e., the App Store from Apple (the "App Store"). The App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to the Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

Through our mobile application, you may purchase ("In-App Purchase") certain features or subscriptions designed to enhance the Services. When you make an In-App Purchase, you are doing so through the Apple App Store and you are agreeing to Apple's applicable Terms and Conditions. Lighter is not a party to any In-App Purchase, and payment, billing, and refunds for In-App Purchases are handled by Apple.

These Terms apply to your use of all the Services, including our iOS application (the "Application") available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application:

• Both you and Lighter acknowledge that the Terms are concluded between you and Lighter only, and not with Apple, and that Apple is not responsible for the Application or the Content;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
• You will only use the Application in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that Lighter, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Lighter, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and Lighter acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
• Both you and Lighter acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Warranty Disclaimer. Lighter and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Lighter and all such parties together, the "Lighter Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Lighter Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of any material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising out of use of, or in any way related to your participation in, the Services. The Lighter Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY LIGHTER (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE LIGHTER PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR BODILY INJURY OR DEATH, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO LIGHTER IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Lighter Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Lighter's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the conflicts of laws provisions thereof.

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Lighter and limits the manner in which you can seek relief from Lighter. Both you and Lighter acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Lighter's officers, directors, employees, and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Lighter will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Lighter will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Lighter may assert claims, if they qualify, in small claims court in Florida or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND LIGHTER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Lighter are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Lighter over whether to vacate or enforce an arbitration award, YOU AND LIGHTER WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Lighter is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Flame Industries Inc., 7901 4th St N, STE 300, St. Petersburg, FL 33702, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Lighter to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Lighter agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Florida.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Lighter.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Lighter may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Lighter agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lighter, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Lighter, and you do not have any authority of any kind to bind Lighter in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple application and the arbitration agreement, you and Lighter agree there are no third-party beneficiaries intended under these Terms.

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at [email protected].