Terms of Service and Privacy Policy

Terms and Conditions:

To use the Lightning Bug App you must agree to the following:

You, as the person agreeing to the following, are legally capable of making this agreement.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

You understand that the term “User”, “Customer”, and “Advertiser” (whichever is relevant to the way you are using the Lighting Bug Application at the time of use) may all refer to you as the person making this agreement.

Definitions (defəˈniSHəns: a statement of the exact meaning of a word):

The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein):

App (or Application): The Lightning Bug software application and all associated services.

Advertiser: An entity sending messages using the Lighting Bug app

Customer: An entity receiving messages using the Lightning Bug app

Lightning Bug: Lightning Bug Industries, LLC its affiliates, directors, officers, employees, partners, agents, and successors

Message: A communication from the App.

Service: Any activity on or initiated by the App.

User: Anyone using the Lightning Bug app.

User’s Information and Privacy (what we do with your information):

A Customer’s personally identifiable information will not be shared with Advertisers or anyone outside of the Lighting Bug.

Advertiser’s Public Profile as described in the App will be shared with Customers when Advertiser send Customer(s) a message.

The App Collects Customer and Advertiser location and/or a User may provide it directly. The App uses geographic information to know when Advertiser’s and Customer’s geographical preferences match so Messages are precise and relevant.

Customers are asked to share demographic information to make sure they are getting the most precise and relevant Messages. If Customers share their demographic information Messages will be more precise and relevant. If demographic information is not shared Messages may be more general and less relevant.

If an Advertiser sends a Message using the App then that Message can be shared by other User(s) with anyone using the App or any third-party service the receiver of the Message chooses to use.

Lighting Bug may use User information to operate its business, and answer User(s) questions, ask User(s) questions, or other similar communications.

General Rules (Let’s all just get along!):

Users must register an account and be 18 years old to use the App.

Users agree to an email verification process to use the App.

Users agree to updates to the App when requested.

Users are responsible for data and mobile carrier fees and taxes associated with the devices on which they use the App.

Users agree to only use the App in a method that conforms to all local laws and regulations.

Users agree to not attempt to infringe on the right of other Users.

Users agree to not attempt to discover the identity of other Users.

Users agree to not infringe on the App’s intellectual property.

Users agree to not modify, create derivative works of, decompile or reverse engineer any part of the App.

Users agree to only us the App, the Apps information, and the App’s software and program as intended by Lightning Bug.

Users agree to not use the App to upload, transmit or distribute any viruses, worms, malicious cod, or other software intended to interfere with the App.

Users agree to not exploit a bug or problem with the App. Users agree to inform Lightning Bug of any known bugs or problems with the App.

Users may, through use of the App or its Messages access third-party applications, products, or services. Users agree they use third-party products or services at their own risk. Lightning Bug does not warrant or take responsibility for any products or services offered by third parties.

Users grant the App the right to distribute information provided to the App for distribution.

Users Agree to the following rules for distributing Messages:

a.) Do not distribute Messages that may be considered obscene or rude.

b.) Only give great deals like 50% off or 2 for 1.

c.) Advertisers can send a time limited deal but cannot limit the number of items being sold unless it is a venue like a theater with a fixed number of seats. Advertisers may limit the number of items per customer.

d.) Do not advertise off category. Example: Do not send a Message about a shoe sale on the Takeout category.

e.) Do not distribute Messages that have false or misleading information.

f.) Do not distribute copyrighted material that Advertiser does not have the right to distribute.

Any User breaking these rules will be banned and Lighting Bug at its sole discretion reserves the right to refuse any User access and use of App for any reason.

In the event a User is banned the User agrees that they will not attempt to use the app again unless they receive permission in writing from the App managers.

Lightning Bug at its sole discretion may alter, limit, delete, or otherwise remove content it deems incompatible with the intended use of the App or Lightning Bug’s goals.

Payment Terms (Money money money):

User(s) agree that credits, services, or Messages (collectively Credits) sold on or for the App are not refundable. Pricing for Credits and services may change at any time or place at Lightning Bug’s sole discretion. Credits already bought from the App at the time of a change or modification in pricing structure will remain in effect. Taxes for User’s local jurisdiction or Lightning Bug’s jurisdiction or both, whichever is applicable, will be added to all charges.

Credit(s) will have no cash value.

User(s) may not resell Credits to other User(s) or third parties. If a User’s account is closed, for any reason, any unused Credit associated with the closed account will be lost and cannot be retrieved.

User(s) agree to pay any charge they agree to through the App.

User(s) agree to use the associated third-party payment processing system required by the App such as Google’s Play Store or Apple’s App Store and will be governed by those third-party application’s Terms and Conditions.

Statements of charges will be made available through the User’s account on the third-party payment processing system, not the App or Lighting Bug.

User(s) agree that they are authorized to use whatever payment method the User provides and that any and all payment information is true and accurate.

Any third-party charges such as data fees, roaming fees, subscription fees, etc. that the User(s) use to access or use the App are not the responsibility of Lightning Bug.

Disclaimers (Don’t make me say, “I told you so”!)

User(s) use the App at their own risk and subject to the following disclaimers. The App provides services on an “as is” and “as available” basis without any express or implied warranties or conditions, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. Lightning Bug does not warrant that any information provided is accurate, complete, or useful, that services will be operational, error-free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. Lightning Bug does not control, and is not responsible for, controlling how or when Users use services. Lightning Bug is not responsible for the actions or information (including content) of Users or other third-parties. User(s) release Lightning Bug from any claim, complaint, cause of action, controversy, or dispute and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Limitation of liability (where the buck stops.):

Lightning Bug will not be liable to User for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if Lightning Bug has been advised of the possibility of such damages. Lightning Bug’s aggregate liability relating to, arising out of, or in any way in connection with these terms, Lightning Bug, or Lightning Bug services will not exceed one hundred dollars ($100). The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. Notwithstanding anything to the contrary in our terms, in such cases, the liability of Lightning Bug will be limited to the fullest extent permitted by applicable law.

Indemnity: (It’s not our fault!)

To the fullest extent allowed by applicable law, User(s) agree to indemnify and hold Lightning Bug 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 third-party claims relating to (a) User’s use of the Services (including any actions taken by a third party using App), and (b) User’s violation of these Terms. In the event of such a claim, suit, or action (“Claim”), Lightning Bug will attempt to provide notice of the Claim to the contact information we have for User account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Safety: (Don’t trust anyone!)

While Lightning Bug strives to create a safe, respectful environment for all Users, Lightning Bug is not responsible for the conduct of any User. User(s) are solely responsible for interactions with other User(s) and agree to use caution and good judgment in all interactions, particularly if User(s)s decide to communicate outside of the Service or if User(s) decide to meet in person. User(s) understand that Lightning Bug does not guarantee or warrant to conduct identity verification, credit checks, criminal background checks, or otherwise inquire into the background of User(s). User(s) agree that Lightning Bug may access, preserve and disclose User(s) account information if required by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to protect the rights, property or personal safety of Lightning Bug or any other person.

Availability of App’s Services. (Nothing’s perfect. Just be cool.)

Lightning Bug Services may be interrupted, including for maintenance, upgrades, or network, equipment or software failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

Resolving disputes between User and other Users (we don’t want to get involved)

If there is a dispute between participants using the Services, or between users and any third party, you agree that Lightning Bug is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Lightning Bug, and 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. If User(s) is a California resident, User(s) shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Dispute Resolution between User and Lightning Bug (Bruh, you steppin’?)

User and Lightning Bug shall endeavor to respect each other’s rights and obligations and seek positive and mutually beneficial resolution to all disputes. User and Lighting Bug will attempt for 90 days to resolve the dispute amicably. Mediation may be attempted if User and Lightning Bug agree to it. If a resolution cannot be found between Lightning Bug and the User then the LIGHTNING BUG AND USER SHALL VOLUNTARILY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY AND SEEK A RESOLUTION OBTAINED BY TRIAL IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this agreement must be mediated or litigated on an individual basis and not on a class basis. Claims of more than one customer or User cannot be mediated 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; all claims and disputes will be resolved in the state or federal courts located in Knox County, Tennessee.

12. Choice of Law and Place to Resolve Disputes. (We get the home team advantage)

If User(s) live in (or, if a business, User’s principal place of business is in) the United States, the laws of the state where User(s) live (or, if a business, where User’s principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. User(s) and Lightning Bug irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Knox County, Tennessee, for all disputes arising out of or relating to these Terms or the Services that are not heard in arbitration or small claims court.

13. Mobile Applications (Apple and Google make us put this in here - especially Apple)

The availability of Lightning Bug’s mobile application (“Application”) is dependent on the third party stores from which you download the application, e.g., the App Store from Apple, Inc. (“Apple”) or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading Applications from such store, including the specific terms relating to Apple App Store set forth below. If there is a conflict between these Terms and any other terms and conditions from an App Store, these Terms will apply.

If you’ve downloaded the Application through the Apple’s App Store, the following additional terms apply:

Both Users and Lightning Bug acknowledge that the Terms are concluded between User and Lightning Bug only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to User on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for User’s private, personal, non-commercial use (except as expressly permitted by these Terms), subject to all the terms and conditions of these Terms as they are applicable to the Services;
User(s) will only use the Application in connection with an Apple device that you own or control;
User(s) 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 Lightning Bug, 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, Lightning Bug, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
User(s) represent and warrant that User(s) 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 User(s) and Lightning Bug acknowledge and agree that, in the use of the Application, User(s) and Lightning Bug will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both User(s) and Lightning Bug 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.

14. Miscellaneous (you ever feel like you just don’t fit in anywhere else? That’s how these clauses feel every day.)

Lightning Bug may update the Terms from time to time. Continued use of the App confirms User’s acceptance of our updated Terms and supersedes any prior Terms.

User(s) will comply with all applicable export control and trade sanctions laws. Lightning Bug Terms cover the entire agreement between User and Lightning Bug regarding the App. If you do not agree with our Terms, you should stop using the App.

If Lightning Bug fails to enforce any of the Terms, that does not mean Lightning Bug waives the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions.

Lightning Bug’s App is not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our the App in any country. If you have specific questions about these Terms, please contact us at info@lightningbug.info.

Any ideas, suggestions, and feedback about App or our Services that User(s) provide to Lightning Bug are entirely voluntary, and User agrees that Lightning Bug may use such ideas, suggestions, and feedback without compensation or obligation to User.

Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. The use of the terms “including” or “include” shall in all cases herein mean “including, without limitation” or “include, without limitation,” respectively.

The headings of this Agreement are for the convenience of reference only, and shall not effect the meaning thereof.

15. Full Agreement (the whole enchilada)

This agreement, any additional terms that accompany the application, and the terms for supplements and updates are the entire license agreement between User(s) and Lightning Bu