Terms of Service

PLEASE READ THE FOLLOWING IMPORTANT TERMS OF SERVICE BEFORE YOU INTERACT WITH THE LIT.IT PLATFORM AND CHECK THAT THEY DO NOT CONTAIN ANYTHING THAT YOU ARE NOT WILLING TO AGREE TO. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU SHOULD STOP USING THE SERVICE IMMEDIATELY



Valid as of: 03.08.2022

Introduction

  1. Thank you for using the Lit.it platform (“Platform”) and the products, services and features we make available to you as part of the Platform from time to time (collectively, the “Service”). These terms of service serve to govern your access to and use of our Service.
  2. The entity providing the Service to you is LitTech Pte. Ltd. with its registered address at: 10 Anson Road, #23-05, International Plaza, Singapore (079903) (referred to as “we”, “us”, or “our”).
  3. If you use our Service, you agree to be legally bound by these terms of service, which constitute a contract between you and us. You also represent and warrant that you have the will, right, authority and capacity to enter into, and to be bound by, these terms of service and to abide by the provisions hereof. These terms of service supersede any and all other agreements, whether oral or in writing, regarding the Service provision and no supplement, modification or amendment of these terms of service shall be binding unless it is stipulated herein.
  4. If you have any questions about this contract or any purchases you have made, please contact us by sending an email to request@lit.it. Any translation of the terms of service is meant to aid you in understanding the said terms of service, and do not in any way result in application of the local laws in your country of residence or operation, other than laws of Singapore.
  5. To improve the quality of Service, to comply with legal requirements and to respond to changes in market conditions we may update and change these terms of service from time to time. The new version of the terms of service comes into force from the moment of its placement on the Platform. In this case, we undertake to notify you of the changes altering the content of these terms of service by posting a notice on the Platform or by sending it to your e-mail address at least fifteen (15) calendar days prior to such changes. During that period, you have a right to agree or disagree with them. The period of such notice may be extended at our discretion in case of significant changes, or may be reduced if such changes are required by national law. By continuing to use the Service, you accept these terms of service as amended. Ensure that you read these terms of service each time you wish to use our Service. If you refuse to accept updates to these terms of service, you should not visit the Platform and use the Service. You undertake to delete your account and terminate use of the Platform and the Service in such a case.

    For some changes or updates of these terms of service that we need to make in connection with security, legal or regulatory requirements, we may not be able to notify you in advance but we will notify you afterwards as soon as possible.

  6. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US.

Our Service

  1. The Service is a video sharing platform, which allows you to discover, watch and share videos and other visual content. It is free to use.
  2. The Service is accessible via Lit.it mobile applications (“Application”) and our website at the following link https://lit.it (“Website”). Functionality of the Platform and accessibility of the Service may be different in the Application and the Website. Not all Service or features of the Website or the Application may be fully available in your country or region. Different features may be available in different versions of the Website or the Application.
  3. We will use all reasonable efforts to ensure that the Service is free from defects, viruses and other malicious content.
  4. We do not promise that the Service is compatible with any third-party software or equipment except where we have otherwise said that it is.
  5. You acknowledge that there may be errors or bugs in the Service. We will use reasonable efforts to ensure the availability of the Service without significant interruptions, however, you acknowledge and agree that the Service may from time to time be completely or partially unavailable for reasons of planned or unplanned downtime, for maintenance or in case of technical issues.

Lit.it account; LIT points; LITIT tokens

  1. In order for you to be able to access Lit.it Platform, you may be required to create a personal account with us (“Account”). Account registration requires you to submit to us certain information. When you provide information to the Platform or in connection with the Service, you agree to provide only true, accurate, current and complete information about yourself, and you agree not to misrepresent your identity or your Account information.
  2. To create an Account, you will need to create an account with us by completing and submitting the online form located on our Website or the Application. Your account will then be enabled for access to the Service. We have the right to require identification data in electronic form uniquely representing you. You are obliged to provide us with true, accurate, current and complete identification data. You agree that you may be denied access to or use of the Service if you refuse to provide proof of identity. You are allowed to create only one Account.

    Your Account username and password are personal to you. It is important for you to keep your Account username and password secret and to ensure that no third parties have access to them. If you became aware or have sufficient grounds to believe that someone got your username or password or has an unauthorised access to your Account, please notify us at request@lit.it. We will not be responsible for any loss or damage as a result of someone else using your Account with or without your knowledge.

  3. If you have created an Account, then certain of your interactions with our Service will generate LIT points attributable to your Account. LIT points function as a Platform currency, which you can get and spend exclusively on the Platform. For example, you will be able to get LIT points for the following interactions with the Platform:
    1. viewing and sharing content on the Platform;
    2. inviting friends to join the Platform;
    3. watching advertising;
  4. Actions generating LIT points performed by a user on the Platform will be subject to certain in-app algorithms and limitations that will apply in order to prevent abusive and unfair conduct by the users. For example, a daily number of rewarded shares of content and a daily number of rewarded views of content one user can generate will be limited.
  5. You will be able to spend LIT points on the Platform in one (or several) of the following ways as soon as respective functionality appear on the Platform:
    1. tip other users;
    2. boost own videos on the “for you” page;
    3. unlock your profile visitors;
    4. get private gifts and stickers;
    5. convert LIT points into LITIT token.
    You can spend LIT points on the Application as well as on the Website.
  6. You will be able to get LITIT token in one (or several) of the following ways as soon as respective functionality appears on the Platform:
    1. for selling access to private audio rooms or video streams;
    2. by means of converting LIT points into LITIT tokens via the functionality of the Platform;
    3. as tips from other users.
    We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any LIT points/LITIT tokens transaction, LITIT tokens conversion, or even terminate your Account without the opportunity to restore it again at our sole discretion at any time, in response to a subpoena, court order, or other government order, or if we suspect that your conduct may involve fraud, misconduct, money laundering, terrorist financing, or any other type of financial crime, be erroneous, or relate to not acceptable use of the Service as set forth in these Terms of Service.
  7. You will be able to spend LITIT token on the Platform in one (or several) of the following ways as soon as respective functionality appears on the Platform:
    1. tip other users;
    2. boost own videos on the “for you” page;
    3. get private gifts and stickers;
    4. get advertising on the Platform.
    The price for Services on the Platform in LITIT tokens will be dynamic and displayed at the point of purchase.
  8. You will only be eligible to exchange your LIT points for LITIT tokens once we have successfully completed our “know your customer” checks. We have the right to request from you any documents and information in order to perform the KYC checks. You are obliged to provide us with true, accurate, current and complete documents and information. You agree that you may be limited or denied access to or use of the Service if you refuse to provide us with the requested documents or information or if we at our sole discretion decide that you are not eligible to use the Service. Before you pass KYC, you will be able only to use LIT points on the Application for limited purposes. When you will generate certain amount of LIT points you will be required to pass a KYC in order to get more LIT points. Since the number of LITIT tokens is limited, in order to avoid running out of the LITIT tokens, we will use algorithms that will adjust the actual amount of LITIT tokens you can get for the same number of exchanged LIT points as the Platform’s user-base will grow.
  9. You can view the number of LIT points and LITIT tokens you have at any time by viewing the “Wallet & points earned” tab within the Platform.
  10. You will be entirely responsible for establishing whether the issue of LIT points to you, their exchange into LITIT tokens, use and probable appreciation or depreciation thereof over time has any legal or tax implications for you in your home jurisdiction and you agree not to hold us liable for any such liability that may arise. You must seek your own legal and/or professional tax advice in connection with the earning and using of the LIT points and/or LITIT tokens.
  11. You acknowledge and agree that LIT points and LITIT tokens are not to be construed, interpreted, classified or treated as: (i) any kind of currency, including e-money; (ii) debentures, stocks or shares issued by us; (i) rights, options or derivatives in respect of such debentures, stocks or shares; (ii) rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss; (iii) units in a collective investment scheme; (iv) units in a business trust; (v) derivatives of units in a business trust; or (vi) any other security, class of securities or form of investment (whether regulated or otherwise); (vii) any kind of stocks or shares in any other legal entity. You further acknowledge and agree that nothing contained herein or on our Website and the Application is an invitation or inducement to engage in investment activity nor an offer or a solicitation to conduct investment business, as it might be considered so under the Securities and Futures Act (“SFA”).
  12. There is no monetary value to LITIT tokens. There is currently no public market to sell or exchange the LITIT tokens and there may be no public market to make such a sale or exchange in future, and that, even if such a public market then exists, the LITIT tokens may be precluded from being sold or exchanged under applicable law. You acknowledge and agree that LITIT tokens are not backed by any hard assets or other credit. You agree that no one is obliged to purchase any LITIT tokens from you, nor do we in any way guarantee the liquidity or any market price of the LITIT tokens to any extent at any time.
  13. Certain content on the Platform may not be suitable for minors. In this regard parents or legal guardians who permit their child to access and use the Platform or the Service are required to supervise such child’s activity, including, without limitation, any engagement with any other user.
  14. THE PLATFORM AND THE SERVICE CAN BE USED ONLY BY PEOPLE OF 13 (THIRTEEN) YEARS OLD AND OVER.
    In case you are between the ages of 13 (thirteen) and 18 (eighteen) years old (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your residence) you may only access and use the Service with the prior permission of your parent or legal guardian. In case you are using the Service, you represent and warrant that you have permission (if applicable) and that your parent or legal guardian has reviewed and explained these terms of service to you (if applicable).

    For example, if you are a user from Indonesia, the use of the Service is only allowed if you are 14 (fourteen) years old and over. The prior permission of your parent or legal guardian applies to you if you are between the ages of 14 (fourteen) and 21 (twenty-one) years old. The Service can be used without such permission if you are at least 21 (twenty-one) years old or married or not under guardianship. Similarly, such restriction in the form of obligatory permission from a parent or legal guardian applies to users from Thailand between the ages of 13 (thirteen) and 20 (twenty) years old as well as in certain other jurisdictions.
  15. If you are under the age of 13 you must not access the Service and you must not create an Account.

Acceptable use of the Service

  1. We permit you to use the Service for personal purposes (non-commercial) and primarily for discovering, watching and sharing videos and other digital content hosted through the Service. Use of the Service in any other way, including any unacceptable use set out in these terms of service, is not permitted. Should you wish to use the Service to share video and other digital content on behalf of multiple creators (whether you are acting on their behalf or have acquired the content of multiple creators), then you will need a separate licence to use the Service (to obtain one, please contact us at the following email request@lit.it ) and you must not use the Service without having entered into such a licence with us.
  2. As a condition of your use of the Service, you agree not to use the Service:
    1. if you do not agree to comply with these terms of service or any part thereof;
    2. if you are below the age of 13 years old or if you have not obtained permission of your parent or legal guardian as prescribed by these terms of service;
    3. for any purpose that is unlawful under any applicable law or prohibited by these terms of service;
    4. to commit any act of fraud;
    5. to distribute viruses or malware or other similar harmful software code;
    6. for purposes of promoting unsolicited advertising or sending spam;
    7. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
    8. in any manner that disrupts the operation of our Service or business or the website or business of any other entity;
    9. in any manner that harms children;
    10. to promote any unlawful activity;
    11. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
    12. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
    13. to attempt to circumvent password or user authentication methods.
  3. Using our Service, you also agree and undertake not to:
    1. make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service;
    2. distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof;
    3. market, rent or lease the Service for a fee or charge, or use the Platform to advertise or perform any commercial solicitation unless such activities are expressly authorised by us in advance;
    4. incorporate the Platform or any portion thereof into any other program or product;
    5. extract any data from the Service for commercial purposes including by using a specialized software;
    6. impersonate any person or entity, falsely state or otherwise misrepresent you or your affiliation with any person or entity;
    7. defame, abuse, harass, stalk, threaten, bully, or otherwise violate legal rights (such as, but not limited to, rights of privacy and publicity) of any other user or person, or use information learned from the Platform to perform the aforementioned;
    8. infringe intellectual property rights of any person in any manner while using the Service. For example, you are obliged and agree not to submit any content to the Platform that is the property of someone else without proper authorization from such person; or
  4. Your Submission shall not contain your or any other persons protected health information. You are also strictly prohibited from submitting through the Platform in any manner any sensitive information, which may include, for example, personal information specifying medical or health conditions, racial or ethnic origin, trade union membership, etc. Should we discover that you have done so, we reserve the right to remove it and to ban you from the Platform.
  5. We may generate revenues, increase goodwill or otherwise increase our value from your use of the Service. You confirm and agree that, except as specifically permitted by us in these terms of service or in another agreement between you and us, you will have no right to any such revenue, goodwill or value (or any their part) whatsoever.
  6. You also confirm and agree that you have no right to receive any income or other consideration from the Service or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Service, including in any Submission created by you, unless otherwise specifically prescribed by these terms of service.
  7. Subject to these terms of service, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Service, including to download the Platform on your device, and to access the Lit.it content solely for your personal, non-commercial use.

    Such license does not include any resale or commercial use of the Platform, or any content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, graphics, identifying marks, Website or Application pages, software, and other original works of authorship and/or intellectual property submitted to, or incorporated into, the Platform by us. All such content remains our sole and exclusive property (or the applicable third-party licensor thereof). Upon termination of your Account for any reason, this license will automatically terminate. We and our licensors reserve all rights not expressly granted herein.
  8. You acknowledge and agree that you are using the Service at your own risk. The content on the Service is provided for general information only. It is not intended to be an advice on which you can rely. You must obtain professional advice before taking or refraining from any action on the basis of the content on the Service. Although we make reasonable efforts to update the information on our Website and the Application, we make no representations, warranties or guarantees, whether express or implied, that the Submissions are accurate, complete or up to date. Our Website is for information only. It is not an invitation or inducement to engage in investment nor an offer or a solicitation to conduct investment business, as it might be considered so under the Securities and Futures Act (“SFA”). Access to our Website and/or Services is not permitted to any person in any jurisdiction (by way of nationality, residence, domicile or otherwise) where the publication or availability of the Website and/or the Service (or part thereof) would be in contravention of any applicable law or regulation. We make no representation that any material contained on the Website and/or the Service is appropriate for any jurisdiction. You are responsible for compliance with all applicable local laws.
  9. You may incorporate sound recordings (and musical works) provided by us to you via functionality of the Platform into your Submissions. For the sake of clarity, your rights to incorporate such sound recordings (and musical works) into your Submissions include the right to store, publish, display and/or play such Submissions via the Platform. No rights are provided to you in relation to any sound recordings (and musical works) which are made available on the Platform by other users.

    When it concerns the sound recordings (and musical works) provided to you via the Platform:
    • you may not incorporate them as an element of a digital template for sale or distribution;
    • you may not resell, sublicense, rent, loan, assign or transfer the sound recordings (and musical works) to any third parties, except pursuant to separate agreement with us. For avoidance of doubt, no restriction on transferability applies to your Submission that incorporate the sound recordings (and musical works) provided to you via the Platform;
    • you may not (i) distribute, transmit or publicly display the sound recordings (and musical works) as a template, a standalone file or to others for consumption, reproduction or re-sale, or (ii) superficially modify any such sound recordings (and musical works) and sell or license them to others for consumption, reproduction or resale;
    • you may not incorporate them into a logo, trademark or service mark;
    • you may not use any such sound recordings (and musical works) in a pornographic, unlawful or defamatory context or manner, including use (i) in connection with pornography, adult videos, adult entertainment venues, escort services, dating services, or the like; (ii) in connection with the advertisement or promotion of tobacco products; or (iii) depicting a person as engaging in acts of moral turpitude or criminal activity.

    Sound recordings’ (and musical works’) licensor, contributors and their respective affiliates shall not be liable to you or any other person or entity for any punitive, special, indirect, exemplary, consequential or incidental damages, lost profits or any other damages, costs or losses, arising under these terms and conditions. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Limitation of liability apply even if sound recordings’ (and musical works’) licensor, content contributors and their respective affiliates have been advised of the possibility of such damages.


    You will promptly reimburse the sound recordings’ (and musical works’) licensor, contributors and their respective affiliates for any costs (including reasonable attorneys' fees and court costs) that are incurred by in connection with your breach of any of your obligations in relation to sound recordings’ (and musical works’) provided to you via the Platform. The sound recordings’ (and musical works’) licensor, contributors and their respective affiliates are intended third person beneficiaries of these terms and conditions.


    In the event you arrange a public performance of any work that includes the sound recordings’ (and musical works’) provided to you via the Platform, in connection with any medium that retains valid performance licenses from the American Society of Composers, Authors and Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”), or other applicable performing rights society, you shall deliver to us a music cue sheet with regard to such work within twenty (20) days of the initial commercial broadcast of such work. Notwithstanding anything else herein, if a work incorporating such sound recordings’ (and musical works’), or part thereof, is distributed through a medium not owned by you, then you acknowledge and agree that such medium must have blanket performance licensing in place with such performance rights organizations, or a separate performance fee must be negotiated in good faith and paid to the publisher.

  10. Using the Service, you may interact with other users. You are solely responsible for all your interactions with the Platform and other users. You acknowledge and agree that we will not be responsible for the actions of any users with respect to any other user or Submission.

Video sharing, chat rooms, direct messaging, forums and other interactive services

  1. We will permit you to share videos, images, texts, sound recordings, musical works and may make chat rooms, direct messaging and other communication services (“Interactive Services”) available on the Service.
  2. We may monitor or moderate any text, images, video, audio or other multimedia content, information or material (“Submission”) submitted to our Interactive Services. Where we monitor or moderate Submissions, we will indicate how this is performed and who should be contacted in relation to any Submission of concern to you. We do not in any way represent or guarantee the accuracy or appropriateness of any Submission, and under no circumstances will we be liable in any way for any Submissions. You may complain about Submissions of other users at: request@lit.it.
  3. You will have the ability, through the Service, to flag Submissions and content to us for removal that:
    1. breach these terms of service (including acceptable use of the Service and use of the Interactive Services);
    2. infringes copyright of third parties; or
    3. breach applicable law.
  4. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
  5. You can block content, other users of the Service and content creators at any time.
  6. Any Submission you make to our Interactive Services and any other communication to users of our Service by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. You acknowledge and agree that your Submission will be made publicly available to other users on the Platform, and that your Account name will be linked to all your Submissions.
  7. In particular, any Submission you make must be:
    1. your own original work and lawfully submitted;
    2. factually accurate or your own genuinely held belief;
    3. provided with the necessary consent of any third party;
    4. not defamatory or likely to give rise to an allegation of defamation;
    5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
    6. unlikely to cause offence, embarrassment or annoyance to others,

    and to the extent permitted by law, you shall indemnify us against all losses, liabilities, obligations, costs (including legal costs), claims and demands incurred by us, arising directly or indirectly out of any breach by you of these terms of service.

  8. Any Submission is considered to be non-confidential. You agree not to post any Submission on or through the Service that you consider to be confidential or proprietary to any other person. Posting any Submission, you guarantee and represent that such Submission is either owned by you, or you have all necessary licenses or other legal permissions to use and submit it to the Service. For example, in case you only own the rights in and to a sound recording, but not to the underlying musical works, then you must not upload such sound recordings through the Service unless you have all licenses or other permissions from the owner of the content to submit through the Service.
  9. By making a Submission, you grant to us and our affiliates, agents, partners an unconditional, royalty-free, irrevocable, non-exclusive, transferable, perpetual worldwide licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display your Submission (in whole or in part) on the Service, and on any other websites or other platforms, either now known or hereinafter invented, indefinitely, unless prohibited by applicable law.
  10. The rights granted in p.5.9 include, but are not limited to, the right to reproduce and publicly perform sound recordings on a royalty-free basis, meaning that you are granting us the right to use your Submission without the obligation to pay royalties to you or any third party, including, but not limited to, a sound recording copyright owner, a musical work copyright owner, a performing rights organisation, a sound recording organisation or other royalty participants that may be involved in the creation of your Submission. It is your obligation to notify your performing rights organisation of the royalty-free license you grant through these terms of service to us and/or other users.
  11. Using the Service, you grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your user’s name, image, voice, and likeness to identify you as the source of any of your Submissions as well as for any marketing purposes.
  12. By making a Submission, you also grant to other users of the Service an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide licence to use, modify, reproduce, publish and/or distribute some or all of your Submission in any form on the Platform for the purpose of generating other Submissions or viewing your Submissions for entertainment or other private, non-commercial purposes.
  13. By making Submission, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Submission. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Submission. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of any of the Submission you upload or otherwise make available through the Platform, or to support, maintain or permit any action based on any such moral rights against us.
  14. You may not repost any Submission previously removed for violating these terms of service, or Submissions from creators who have been banned under our terms of service.
  15. You agree and allow us to disclose your identity to any third party who is claiming that your Submission constitutes a violation of their intellectual property rights, or of their right to privacy.
  16. We may edit or refuse to publish your Submission, remove, disallow, block or delete any post you make on the Platform without any preliminary or post notification to you if we at our sole discretion consider that the Submission or your post violate these terms of service. It is your obligation to save copies of your Submissions on your personal devices.

Breach of these terms of service and termination

  1. If you do not comply with these terms of service or any applicable law, we may:
    1. prevent or suspend your access to the Service;
    2. remove or edit Submissions;
    3. limit your access to certain content provided through the Service;
    4. disable your ability to accumulate LIT points;
    5. disclose Submissions or any other communication to users of our Service by you to law enforcement authorities; or
    6. take any action we consider necessary to remedy the breach.
  2. We reserve the right to temporarily or permanently suspend or terminate your Account, do not provide you with LIT points, reject conversion of LIT points to LITIT tokens, or impose limits on or restrict your access to the Service with or without notice at any time for any or no reason.
  3. You may request the deletion of your Account through the functionalities provided on the Website or the Application, or you may contact us via request@lit.it. You may not delete your Account to evade an investigation. You will remain liable for all obligations related to your Account even after Account is closed. We will retain your information in accordance with our Privacy Policy and any applicable law, rule or regulation.

Nature of the digital content

  1. The digital content we host on the Service is non-exclusive to you. We may supply the same or similar digital content to other users of the Service.
  2. The digital content may not be:
    1. copied by you;
    2. changed by you (which means, in particular, that you are not allowed to adapt, reverse engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
    3. combined or merged with, or used in, any other computer program; or
    4. distributed or sold by you to any third party.
  3. The digital content may contain information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
  4. You will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it through your use of the Service.

Your privacy and personal information

  1. Our Privacy Notice is available at the Website.
  2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Limitation on our liability

  1. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. EXCEPT FOR ANY LEGAL RESPONSIBILITY THAT WE CANNOT EXCLUDE IN LAW (SUCH AS FOR DEATH OR PERSONAL INJURY) OR ARISING UNDER APPLICABLE LAWS RELATING TO THE PROTECTION OF YOUR PERSONAL INFORMATION, WE ARE NOT LEGALLY RESPONSIBLE FOR ANY:
    1. LOSS OR DAMAGE CAUSED BY CIVIL WRONGS (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE;
    2. LOSS OF PROFIT;
    3. LOSS OF SALARY, BENEFITS OR OTHER PAYMENTS;
    4. LOSS OF GOODWILL;
    5. LOSS OF OPPORTUNITY;
    6. LOSS OF DATA OR SUBMISSION;
    7. BUSINESS INTERRUPTION;
    8. LOSS OF BUSINESS REPUTATION;
    9. DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE;
    10. LOSS OF TANGIBLE PROPERTY;
    11. LOSS OF INTANGIBLE PROPERTY, INCLUDING LOSS, CORRUPTION OR DAMAGE TO DATA OR ANY COMPUTER SYSTEM;
    12. WASTED MANAGEMENT OR OFFICE TIME;
    13. LOSSES THAT WERE NOT FORESEEABLE TO YOU AND US WHEN THE CONTRACT WAS FORMED;
    14. LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART;
    15. BUSINESS LOSSES;
    16. LOSSES TO NON-CONSUMERS; OR
    17. ANY CONTENT OR INFORMATION SUBMITTED BY USERS OF THE SERVICES AND PUBLISHED BY US, OR ON OUR BEHALF.
  2. SUBJECT TO CLAUSE 9.1, IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT WE ARE LIABLE FOR DAMAGES, IN NO EVENT WILL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE BE GREATER THAN USD 100.
  3. SUBJECT TO CLAUSE 9.1. WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO OUR SERVICE, LIT POINTS OR LITIT TOKENS, WEBSITE, APPLICATION OR ANY CONTENT THEREON.
  4. WE ASSUME NO RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT. WHERE OUR WEBSITE OR THE APPLICATION CONTAINS LINKS TO OTHER WEBSITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY. SUCH LINKS SHOULD NOT BE INTERPRETED AS APPROVAL BY US OF THOSE LINKED WEBSITES AND RESOURCES OR ANY INFORMATION YOU MAY OBTAIN FROM THEM. WE HAVE NO CONTROL OVER THE CONTENT OF THESE WEBSITES OR RESOURCES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY COME FROM YOUR USE OF THESE WEBSITES AND RESOURCES. YOU AGREE TO RELEASE US FROM ANY CLAIMS OR DISPUTES THAT MAY COME FROM USING SUCH WEBSITES OR RESOURCES.

Third party rights

  1. No one other than a party to this contract has any right to enforce any term of this contract, except as otherwise directly stipulated herein.

Indemnity and exclusion of warranties

  1. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, DAMAGES, LOSSES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU (OR ANY USER OF YOUR ACCOUNT) OF THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO A BREACH OF YOUR OBLIGATIONS, REPRESENTATION AND WARRANTIES.
  2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES THAT YOU MAY HAVE WITH ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE SERVICE IS ONLY BETWEEN YOU AND SUCH THIRD PARTY. YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTES.
  3. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE MAKE NO COMMITMENTS OR WARRANTIES TO YOU THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE RELIABLE.

Other provisions

  1. We may freely assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these terms of service to any other person, company, trust or similar establishments. You may not transfer your rights or obligations under these terms of service to anyone else unless you obtain our prior written approval.
  2. The Application and the Website may contain open-source software. Each open-source software is subject to its own applicable license terms.
  3. These terms of service constitute the whole legal agreement between you and us.
  4. Our failure to exercise any right under these terms of service or to enforce any provision of these terms of service will not be deemed a waiver of any our right under these terms of service and will not restrict us in any way to exercise that or any other right later.
  5. If any part of these terms of service is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of service. These terms of service shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms of service, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
  6. In the event of termination of these terms of service, the following provisions shall survive the termination:
    1. license you granted to us and/or other users of the Service;
    2. our rights to use and disclose information obtained from you;
    3. provisions regarding limitation of our liability;
    4. provisions regarding our indemnification; and
    5. any amounts or liability owed by you to us.
  7. In case you will send us any notice or Feedback containing ideas for products, services or features, or any related documentation, artwork, computer code, diagrams, or other materials, you agree that:
    1. the information provided by you will be deemed non-confidential and no confidentiality obligations may be imposed on us regardless of what you have mentioned in your notice to us;
    2. you irrevocably grant us an unconditional, exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, display, and otherwise use the information provided by you without any restrictions and free of charge;
    3. we have no obligation to review, consider, or reply to you, unless otherwise established by the applicable legislation.
  8. Our Platform may contain advertising from third-party advertisers and sponsors. Such advertisers and sponsors are fully responsible for complying with applicable laws, rules, regulations and guidelines, with respect to the content they submit to the Platform and with respect to the product or service they advertise. We will not be responsible for any illegal or incorrect actions of the advertisers and sponsors.
  9. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of service.
  10. In case you are a resident of California, you shall be aware that: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_dca/contactus.shtml .

    If you are a resident of California and are under 18 years old, you may contact us at: request@lit.it and request removal of any Submission you posted. Your requests shall be labelled "Submission Removal Request from California Resident" on the email subject line. We will not be responsible for emails that are not labelled properly.

Governing law, Disputes resolution and Arbitration

  1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out below.
  2. If a dispute cannot be resolved as stated in clause 13.1., or you are unhappy with its outcome, any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
    1. The seat of the arbitration shall be Singapore.
    2. The Tribunal shall consist of three arbitrators.
    3. The language of the arbitration shall be English.
  3. This contract is governed by the laws of Singapore.
  4. You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or in connection with your use of the Service or these terms of service must be filed within 2 (two) years after such claim or cause of action arose or be forever and fully barred.
  5. YOU AGREE THAT ANY CLAIM SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW, (I) NO LITIGATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE RESOLVED ON A CLASS-ACTION OR COLLECTIVE-ACTION BASIS OR TO UTILIZE CLASS OR COLLECTIVE ACTION PROCEDURES; (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS; AND IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS OR COLLECTIVE ACTION.

Using devices produced by APPLE INC.

  1. If you are accessing the Platform or are using the Service by means of any device produced by Apple, Inc. or any affiliated company thereof (“Apple”), you agree to the following:
    • Apple is not a party to these terms of service.
    • License to use the Platform which is granted to you according hereof is limited to a personal, limited, non-exclusive, non-transferable right to install the Application on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
    • Apple bears no responsibility for the Application or the content thereof and has no obligation to furnish any maintenance or support services with respect to the Application.
    • In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
    • Apple is not responsible for addressing any claims by you or any third-party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Platform or your possession and use of the Platform infringes that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Platform.
    • Apple is third-party beneficiary of these terms of service and upon your acceptance of these terms of service, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of service against you as a third-party beneficiary of these terms of service.
  2. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  3. We authorise the use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.

Contact

  1. You may send us your general questions or comments about the Service or these terms of service either by mail to LitTech Pte. Ltd. at:

10 Anson Road, #23-05, International Plaza, Singapore (079903),