Terms of Use

Last Updated: December 2nd, 2024

The following terms of use (“Terms”, “Agreement”) govern all use of the Lighthouse mobile applications (the “App”), the Lighthouse Website (the “Site”), and all information, content, services, and products available at or through them (collectively “Lighthouse” or the “Service”). Lighthouse is owned and operated by Pachamama Ventures OÜ (“we”, “us”, “our” or “Pachamama Ventures”).

1. ACCEPTING THESE TERMS

1.1 Acceptance

By accessing and/or using any part of Lighthouse, you agree that you are entering into a legally binding agreement with Pachamama Ventures. You also agree that these Terms and our Privacy Policy govern your access to and use of the Service.

1.2 Binding Agreement

Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access the Service.

2. IMPORTANT DISCLAIMERS

2.1 No Medical Advice

Informational Purposes Only: The content provided through the Service is for informational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment.
Not a Healthcare Provider: The Company is not a licensed medical care provider and does not provide medical treatment, advice, or diagnosis. We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or determining the effect of any specific treatment on a medical condition.
Consult Healthcare Professionals: You should always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
Emergency Situations: If you think you may have a medical emergency, contact your healthcare provider or call emergency services immediately. Never disregard professional medical advice or delay in seeking it because of information obtained through the Service.

2.2 User Responsibility

Accuracy of Information: While we strive to provide accurate and up-to-date information, the Company does not guarantee the accuracy, reliability, effectiveness, or proper use of information available through the Service.
No Endorsement: Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability for any loss or damage arising from the use of or reliance on the content provided through the Service.

3. CHANGES TO THESE TERMS

3.1 Right to Modify

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we introduce a new feature.

3.2 Notification of Changes

If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, provide you with additional notice (such as adding a statement to the Site or showing a notice when you open an updated version of the App for the first time). We encourage you to review the Terms periodically to stay informed about our practices.

3.3 Acceptance of Changes

Whenever we make changes to these Terms, they are effective when the revised Terms are posted. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, please refrain from using the Service and delete the App from your device.

4. PRIVACY POLICY

Your privacy and your ability to control your own data are very important to us. Any personal information that you provide to Lighthouse is subject to our Privacy Policy, which governs our collection and use of such information. You understand that through your use of Lighthouse you consent to the collection and use (as set forth in the Privacy Policy) of this information and content, including the transfer to other countries for storage, processing, and use by us.

5. THE SERVICE

5.1 Description

Lighthouse provides you with a mobile application that allows you to track different parts of your life.

5.2 Paid Functionality

You can also use the paid functionality of the Service to utilize various enhanced features.

5.3 Eligibility

Minimum Age Requirement: You may use the Service only if you are at least 18 years of age or older and are capable of forming a binding contract with Pachamama Ventures. If you are under the age of majority in your jurisdiction, you must have the permission of, and be directly supervised by, your parent or guardian to use the Service.

5.4 Registration

If you want to use certain features of the Service, you must create an account ("Account"). You can do this via the App with your email address and a password you choose. You can also create an account using Sign in with Apple.

5.5 User Obligations

It's important that you provide us with accurate and up-to-date information for your Account and you agree to update such information to keep it accurate and up-to-date. You agree that you won't disclose or share your Account password with anyone and you'll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

6. PURCHASES

6.1 Fees

Lighthouse offers enhanced features of the Service that you may purchase as a monthly or yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Service. When you purchase a Subscription (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your billing address (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.

6.2 Payment Authorization

By initiating a Transaction via the Service, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree to:

(a) Pay the applicable fees and any taxes;

(b) Allow Lighthouse to charge your credit card or third-party payment processing account, including, but not limited to, your account with the App Store where the App is made available (“App Provider”), for verification, pre-authorization, and payment purposes; and

(c) Bear any additional charges that your App Provider, bank, or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.

6.3 Confirmation

You'll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Lighthouse until accepted and confirmed by Lighthouse.

6.4 Non-Refundable Payments

All payments made are non-refundable and non-transferable except as expressly provided in these Terms or as required by law.

6.5 Subscriptions Automatically Renew Until You Cancel

All amounts are payable and charged at the beginning of the Subscription and, because each Subscription renews automatically for an additional period equal in length to the expiring Subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via an App Provider, you can cancel the renewal of your Subscription with the App Provider. You will not receive a refund for the fees you already paid for your current Subscription period, and you will continue to receive the Services ordered until the end of your current Subscription period.

6.6 Changes to Price Terms for Subscriptions

We reserve the right to change our pricing terms for Subscriptions at any time and will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Lighthouse's pricing terms, then you may choose not to renew your Subscription.

6.7 Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Lighthouse regarding future functionality or features.

7. LICENSE AGREEMENT

7.1 License Grant

Lighthouse grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use.

7.2 Prohibited Uses

Your right to use the Service does not include any of the following, which is explicitly prohibited:

(a) Modifying or otherwise making any derivative uses of the Service or any portion thereof;

(b) Using any data mining, robots, or similar data gathering or extraction methods;

(d) Any activity that will compromise the security of the Service;

(e) Reverse engineering or accessing the Service in order to build a competitive product or service;

(f) Using the Service in any manner that could damage, disable, overburden, or impair the functioning of the Service;

(g) Using the Service other than for its intended purposes or in any way that infringes any of the terms and conditions of this Agreement.

By using or accessing the Service, you agree not to engage in any of these prohibited activities.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

The design of Lighthouse, including texts, scripts, graphics, formatting, graphs, trademarks, service marks, logos, designs, look and feel, HTML, source and object code, format, queries, algorithms, and interactive features are owned by or licensed to Lighthouse, subject to copyright and other intellectual property rights and international conventions.

8.2 Rights Reserved

Lighthouse provides the Service to you ‘AS IS’ for your information and personal use only. Lighthouse reserves all rights not expressly granted in and to the Service.

9. USER REPRESENTATIONS AND RESTRICTIONS

9.1 User Representations

By using the Service, you represent and warrant that:

(a) You have the legal capacity and agree to comply with these Terms;

(b) You are not under the age of 18;

(d) You will not use the Service for any illegal or unauthorized purpose;

(e) Your use of the Service will not violate any applicable law or regulation.

9.2 Prohibited Activities

You agree not to:

(a) Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;

(b) Make any unauthorized use of the Service;

(d) Use the Service for any revenue-generating endeavor or commercial enterprise;

(e) Circumvent, disable, or otherwise interfere with security-related features of the Service;

(f) Engage in unauthorized framing of or linking to the Service;

(g) Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;

(h) Use the Service in a manner inconsistent with any applicable laws or regulations.

10. CONTENT

10.1 Definition

For all your use of the Service, "Content" is defined as any video, audio, or text content that is provided to you through the Service.

10.2 No Guarantee

We cannot guarantee that you will not be exposed to Content that is inaccurate, indecent, offensive, objectionable, inappropriate for children, or otherwise unsuited to your purpose. You are responsible for taking precautions as necessary to protect yourself.

10.3 Third-Party Content

Lighthouse may contain Content from third parties that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of others without our knowledge. We disclaim any responsibility for any harm resulting from such third-party content on Lighthouse or from the use of such content by any user of Lighthouse.

10.4 Reporting Infringements

If any Content on the Service infringes your rights or if you witness any unlawful, malicious, harmful, or otherwise objectionable Content, please inform us at support [at] joinlighthouse.app so that we can take appropriate actions.

11. SUSPENSION/TERMINATION

11.1 Right to Suspend or Terminate

We may suspend or terminate your rights with respect to the Service if you violate any of these Terms or for any other reason at our sole discretion, without notice.

11.2 Effect of Termination

In case of suspension or termination, we shall not be responsible for the loss of Content connected to the installation of Lighthouse on your device. You acknowledge and agree that Pachamama Ventures is under no obligation to re-enable your access to the Service.

11.3 No Further Use

If your rights with respect to the Service are suspended or terminated, you agree to make no further use of the Service during suspension or after termination.

11.4 Survival

All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. ACCESS AND SECURITY

12.1 Accessing the Service

You can access Lighthouse by downloading the App to your mobile device.

12.2 User Responsibilities

To ensure your installation of Lighthouse is only used in accordance with these Terms, you agree to:

(a) Not allow others to use the installation of Lighthouse on your device;

(b) Be responsible for any action performed through the installation of Lighthouse on your device;

(c) Keep access to your device secure and accept all risks of unauthorized access to the installation of Lighthouse on your device; and

(d) Refrain from using other users’ installations of Lighthouse.

13. PUSH SERVICES

13.1 Consent to Notifications

After downloading the App, we may ask for your consent to use Push Notifications. It is highly recommended that you allow notifications for the App to work properly.

13.2 Standard Push Notifications

If you give your consent, you will receive Push Notifications, e.g., if there is new Content waiting for you, or if there are other news around the App like new features. You can deactivate and re-activate these notifications at any time by changing the notification settings in the App.

13.3 Managing Notifications

You can deactivate and re-activate all notifications at any time by changing the notification settings on your device.

14. CONSENT TO ELECTRONIC COMMUNICATIONS

14.1 Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding administrative, security, and other issues relating to your use of the Service.

14.2 Legal Communication Requirements

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14.3 Withdrawal of Consent

To withdraw your consent from receiving electronic notices, please notify us at support [at] joinlighthouse.app.

14.4 Electronic Signatures

By clicking on buttons labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE", or similar links, you are submitting a legally binding electronic signature and entering into a legally binding contract.

15. MODIFICATIONS TO THE SERVICE

15.1 Right to Modify

We reserve the right in our sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Service or any features without notice.

15.2 No Liability

You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service.

16. THIRD-PARTY RIGHTS

16.1 App Stores

You acknowledge and agree that the availability of the App is dependent on the third-party platform from which you received the App, such as the Apple App Store or Google Play Store (“App Store”). Your use of the App must comply with the App Store's terms and conditions.

16.2 Third-Party Terms

You agree to abide by any third-party terms that apply, including the App Store Terms of Service and the terms of any third party that hosts the Content.

16.3 Conflict with Third-Party Terms

In the event of any conflict between these Terms and the App Store's terms, the terms of the App Store will govern if they are more restrictive.

17. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for the Service. By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to us, you acknowledge and agree that:

(a) Your Feedback does not contain confidential or proprietary information;

(b) We are not under any obligation of confidentiality, express or implied, with respect to the Feedback;

(d) We may have something similar to the Feedback already under consideration or in development;

(e) You irrevocably assign to us all rights to your Feedback; and

(f) You are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

18. DISCLAIMER OF WARRANTIES

18.1 "AS IS" and "AS AVAILABLE"

The Service and any other Service and Content included or otherwise made available to you through the Service are provided to you on an “AS IS” or “AS AVAILABLE” basis without any representations or warranties of any kind.

18.2 Disclaimed Warranties

We hereby disclaim all warranties of any kind, expressed or implied, oral or written, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't make any warranty that Lighthouse will be error-free or that access thereto will be continuous or uninterrupted.

19. LIMITATION OF LIABILITY

19.1 Limitation

To the maximum extent permitted by applicable law, Pachamama Ventures and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable in any event for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(a) Your access to or use of or inability to access or use the Service;

(b) Any conduct or content of any third party on the Service;

(d) Unauthorized access, use, or alteration of your transmissions or content.

19.2 Maximum Liability

If the foregoing limitations are unenforceable, you agree that our maximum liability to you shall not exceed the total amount of money paid to Pachamama Ventures by you in the twelve (12) months prior to the event giving rise to the liability.

19.3 Applicability

As far as Pachamama Ventures’ liability is excluded or limited, the same applies for the personal liability of Pachamama Ventures’ employees, representatives, and agents.

20. INDEMNIFICATION

If any third party brings a claim against us in connection with or arising out of:

(a) Your breach of these Terms;

(b) Your breach of any applicable law or regulation;

(c) Your infringement or violation of the rights of any third parties (including but not limited to intellectual property rights);

(d) Your Content; or

(e) Your complaint in relation to any Content by third parties,

You agree to defend, indemnify, and hold us harmless from and against all costs, damages, liabilities, losses, and expenses (including legal fees and costs) related to such claim.

21. GOVERNING LAW & DISPUTE RESOLUTION

21.1 Governing Law

This Agreement will be governed by the laws of Estonia, excluding its body of law controlling conflict of laws.

21.2 Dispute Resolution

The parties agree that they will attempt in good faith to settle any and all disputes arising out of, under, or in connection with this Agreement through a process of mediation under the supervision of a mutually agreed-upon mediator.

21.3 Mandatory Binding Arbitration and Class Action Waiver

If mediation fails to settle such a dispute, you and Pachamama Ventures agree to resolve any disputes through final and binding arbitration, rather than in court, except for matters that may be taken to small claims court.

Arbitration Procedures: The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. No class actions or other representative actions are allowed.

21.4 Opt-Out Procedure

If you do not wish to be bound by the arbitration and class action waiver in this section, you must notify us in writing within thirty (30) days of the date that you first accept this Agreement.

22. WAIVER

22.1 No Waiver

Failure of either party to insist upon strict performance of any provision of this Agreement shall not constitute a waiver thereof.

22.2 Written Waiver

No waiver of any provision of this Agreement shall be effective unless it is expressly stated in writing and signed by both parties.

23. ASSIGNMENT AND TRANSFER OF RIGHTS

23.1 Your Assignment

You may not assign or delegate any rights or obligations under this Agreement without our prior written consent. Any purported assignment and delegation shall be ineffective.

23.2 Our Assignment

We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without your notice. You acknowledge and confirm that we are entitled to assign and transfer all of the rights and obligations arising out of or in connection with these Terms to any other legal entity that may continue to operate Lighthouse and provide the related services in the future.

24. ENTIRE AGREEMENT

These Terms and our Privacy Policy are the entire and exclusive agreement between Pachamama Ventures and you regarding the Service (excluding any services for which you have a separate agreement with Pachamama Ventures that is explicitly in addition or place of these Terms). These Terms supersede and replace any prior agreements between Pachamama Ventures and you regarding the Service.

25. SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected in any way.

26. MISCELLANEOUS

You may have rights or obligations under local laws other than those enumerated here. Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of the law of the country in which you live.

27. INTERNATIONAL USE

We make no representation that the Service is appropriate or available for use in locations outside of the United States. Those who access or use the Service from other jurisdictions do so voluntarily and are responsible for compliance with local law.

28. CONTACT

You are welcome to contact us for any feedback, questions, complaints, or claims you may have related to the Service. Please direct your requests to:

Email: support [at] joinlighthouse.app

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.