Terms & Conditions

Application

TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) by and between Light Awake, LLC (“Light Awake”) and you (“You” or “Client”) govern the use of Light Awake, an application owned and operated by Light Awake, including base versions of the application as well as enhancements, add-ons, and paid versions, which may be purchased in the application or in an application store (collectively, the “Application”).

By using the Application, You indicate that you have read and understand the Terms and Conditions and agree to be bound by the Terms and Conditions and abide by them at all times.

Any information Light Awake collects through your use of the Application is subject to the Light Awake Privacy Policy, which is part of these Terms and Conditions and can be found at www.lightawake.biz/privacy-policy/

THE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS REGARDING DISPUTE RESOLUTIONS. PLEASE READ IT CAREFULLY.

Intellectual Property
Light Awake owns all proprietary rights in the Application, and in all content, design, trademarks, trade names, service marks, and other intellectual property thereto. Use of the Application, including beta testing of the Application and providing feedback conveys no ownership in the Application, in Light Awake or affiliates. All content published and made available on the Application is the property of Light Awake. This includes, but is not limited to, images, text, logos, documents, downloadable files and anything that contributes to the composition of the Application.

Accounts
When You download the Application and create an account, You agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords, history, payment information, and all sensitive information attached to that account; and
2. All information You provide to Light Awake through your account is up to date, accurate, and truthful and that You will update your personal information if it changes.
   
   

Light Awake reserves the right to suspend or terminate your account if You are using the Application illegally or if You violate these Terms and Conditions.

Use of the Application
These Terms and Conditions apply to all functionality of the Application, including those in the base versions and enhancements or paid versions which may be purchased in the Application or in an application store. 

PLEASE KNOW THAT USE OF THE APPLICATION INVOLVES THE USE OF LIGHT AND MAY AFFECT USERS DIFFERENTLY, DEPENDING ON SUCH USERS’ SENSITIVITY TO LIGHT. USE AT YOUR OWN RISK.

Light Awake reserves the right to discontinue your use of the Application at any time and for any reason. You may not use the Application for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, harassing or making disparaging comments to any user of the Application. We reserve the right to take preventive or corrective actions to protect ourselves and our users. 

Your use of the Application is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Application and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Application, you may not (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Application; (f) “frame” or “mirror” any portion of Application; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Application; (h) harvest or collect information about or from other users of the Application; (i) use the Application for any illegal activity; (j) probe, scan or test the vulnerability of the Application, nor breach the security or authentication measures on the Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the content if you are a direct or indirect competitor of the Light Awake, or provide, disclose or transmit any portion of the content to any direct or indirect competitor of the Light Awake; (o) use or distribute any content, including content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of these Terms and Conditions.

The price for use of the Application is subject to change at any time.

Payments
All payments shall be made via the Application or in the application store, via the following payment methods: 

• Google Pay
• Apple Pay
  
  

When You provide Light Awake with your payment information, You authorize its use of and access to the payment instrument You have chosen to use and You authorize Light Awake to charge the amount due to the payment instrument You provided.

Google Pay users should be aware: A Google payments profile stores the following information:

• Name, address, and tax ID (when required legally) of who is responsible for the profile.
• Credit cards, debit cards, bank accounts, and other payment methods you’ve used to buy through Google in the past.
• Receipts and other information about past transactions.

Apple Pay users should be aware: After you authorize the payment, other information requested by the merchant, such as a device- or merchant-specific account number, your shipping address, or email address, is also provided. The card number from your credit, debit, or prepaid card is not provided when you use Apple Pay.

Prices for use of the Application are subject to change at any time without notice. You agree to provide current, complete, and accurate purchase and account information. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date. All payments shall be in U.S. dollars.  We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. You may cancel your use of the Application at any time and without penalty. Refunds or credits shall be issued at the sole discretion of Light Awake after users submit a request at https://lightawake.biz/refund/. 

If Light Awake believes your payment has violated any law or these Terms and Conditions, it reserves the right to cancel the payment and terminate your use of the Application.

Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Disclaimer of Warranty
THE APPLICATION IS OFFERED AS IS, WITH ALL FAULTS, AS AVAILABLE AND WITHOUT ANY REPRESENTATIONS AS TO QUALITY, PERFORMANCE, OR SUITABILITY, AND LIGHT AWAKE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE APPLICATION AND ITS RESPECTIVE CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE APPLICATION AND ITS RESPECTIVE CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY LIGHT AWAKE PARTY, (5) THAT ACCESS TO OR USE OF THE APPLICATION OR ITS RESPECTIVE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, AND (6) AS TO THE FUNCTION, USEFULNESS, OR ABILITIES OF THE APPLICATION. ANY RELIANCE UPON THE APPLICATION AND ITS RESPECTIVE CONTENT IS AT YOUR OWN RISK AND LIGHT AWAKE MAKES NO WARRANTIES. AND IN NO EVENT WILL LIGHT AWAKE, ITS DIRECTORS, OWNERS, AFFILIATES, OR BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SERVICE OUTAGES, INTERRUPTIONS, MALFUNCTION OR FAILURE OF THE APPLICATION.

LIGHT AWAKE RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION AND ITS RESPECTIVE CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD THE APPLICATION, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION OR ITS RESPECTIVE CONTENT, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND UNINSTALL THE APPLICATION.

YOUR RELIANCE UPON THE APPLICATION FOR USE AS AN ALARM IS SOLELY AT YOUR OWN RISK.

Limitation of Liability
IN NO EVENT SHALL LIGHT AWAKE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, SUBSIDIARIES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY USER FOR ANY ACTIONS, CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES, INCLUDING LEGAL FEES, IN ANY WAY ARISING FROM OR RELATED TO FROM YOUR USE OF THE APPLICATION. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE OR INJURY TO PERSON, PROPERTY, OR ANIMALS, BUSINESS INTERRUPTION OR OTHER ECONOMIC LOSS. THIS LIMITATION OF LIABILITY APPLIES IRRESPECTIVE OF WHETHER YOUR CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE WHATSOEVER, AND WHETHER ANY ALLEGED DEFICIENCY IS DISCOVERABLE OR LATENT. 

Indemnity
EXCEPT WHERE PROHIBITED BY LAW, BY USING THE APPLICATION YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LIGHT AWAKE AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY ACTIONS, CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES, INCLUDING LEGAL FEES, ARISING FROM YOUR USE OF THE APPLICATION OR YOUR VIOLATIONS OF THESE TERMS AND CONDITIONS.

THE APPLICATION INVOLVES THE USE OF LIGHT AND MAY AFFECT USERS DIFFERENTLY, DEPENDING ON SUCH USERS’ SENSITIVITY TO LIGHT. YOU AGREE TO USE WITH CAUTION AND TO INDEMNIFY AND HOLD HARMLESS LIGHT AWAKE FROM ANY LOSSES OR CLAIMS RELATED TO ANY USE OF THE APPLICATION, INCLUDING SUCH USE BY OTHERS. 

Applicable Law
These Terms and Conditions are governed by the laws of the State of Iowa in the United State of America.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if You and Light Awake are unable to resolve any dispute through informal discussion, then You and Light Awake agree to submit the issue before a mediator, for which mediation costs, if any, will be shared equally by You and Light Awake. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both You and Light Awake.

Notwithstanding any other provision in these Terms and Conditions, You and Light Awake agree that You both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
Light Awake may amend these Terms and Conditions at any time by posting the revised Terms and Conditions on the Application. Light Awake may terminate these Terms and Conditions at any time by suspending or terminating access to the Application and/or notifying you. You can see when these Terms and Conditions were last revised by referring to the “Effective Date” below. Your continued use of the Application after we have posted revised Terms and Conditions signifies your acceptance of such revised Terms and Conditions. No amendment or modification of these Terms and Conditions will be binding unless in writing and signed by our duly authorized representative or posted to the Application by our duly authorized representative. 

Contact Details
Please contact Light Awake if You have any questions or concerns. Our contact details are as follows:

______________________________________
Bluelightadvantage@gmail.com

feedback@lightawake.biz

Effective Date: May 13, 2022

Last Update: April 24, 2023