Legal

Terms of Service

The terms that apply when you use this website or any app published by Lucitude LLC.

Effective

These Terms of Service (“Terms”) are an agreement between you and Lucitude LLC (“Lucitude”, “we”, “us” or “our”). They govern your use of our website at lucitude.com (the “Website”), the mobile and web applications we publish (the “Apps”), and the related support and services (together, the “Services”).

By downloading, installing, accessing or using any of the Services, you agree to these Terms. If you do not agree, do not use the Services.

An App may have additional terms, for example for a subscription or a specific feature, which we will show you before they apply. Those terms form part of these Terms. If they conflict, the additional terms apply for that App or feature.

Separate written agreements govern software development work we carry out for clients. These Terms do not apply to that work.

Eligibility

You may use the Services only if you can form a binding contract with us and are not barred from doing so under the laws that apply to you. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf. Some Apps may set a higher minimum age, which will be stated on the App’s store listing.

If you use the Services on behalf of an organization, you confirm that you are authorized to accept these Terms for it, and “you” includes that organization.

License to use the Apps

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download, install and use the Apps on devices that you own or control, for your own personal or internal business use, and as permitted by the usage rules of the app store you obtained them from.

You may not, and may not allow anyone else to:

  • copy, modify, translate or create derivative works of the Apps, except as the law expressly permits despite this restriction;
  • decompile, disassemble, reverse engineer or attempt to extract the source code of the Apps, except as the law expressly permits despite this restriction;
  • rent, lease, lend, sell, sublicense, distribute or otherwise make the Apps available to others;
  • remove, alter or obscure any proprietary notices in the Apps; or
  • use the Apps to build a competing product, or to access the Services in an automated way that places an unreasonable load on them.

Some components of the Apps are open-source software licensed under their own terms. Where those terms conflict with these Terms, the open-source license applies to that component.

Accounts

Some Apps let you create an account. You agree to give accurate information, keep your sign-in details secure and tell us promptly at hello@lucitude.com if you believe your account has been accessed without permission. You are responsible for activity under your account, except where it results from our failure to take reasonable security measures.

You can delete your account at any time from the App’s settings or as described on our Support page.

Purchases and subscriptions

Paid Apps, in-app purchases and subscriptions are sold through the Apple App Store or Google Play. Payment, billing, renewal, cancellation and refunds are handled by the store under its terms, and prices are shown in the store before you buy.

  • Auto-renewing subscriptions renew automatically at the end of each period at the price then in effect, unless you cancel at least 24 hours before the period ends. You can manage and cancel subscriptions in your app store account settings. Deleting an App does not cancel a subscription.
  • Free trials convert to a paid subscription at the end of the trial unless you cancel before it ends. Any unused part of a free trial is forfeited when you buy a subscription, where the store’s rules provide for this.
  • Refunds are decided by Apple or Google under their policies. We cannot issue refunds for purchases made through an app store. See our Support page for how to request one.
  • Price changes. We may change prices for future periods. The store will notify you and, where required, ask for your consent before a higher price applies.

Nothing in this section affects any rights you have under consumer protection law that cannot be excluded.

Your content

Some Apps let you create, upload or store content, such as text, images or files (“Your Content”). You keep all rights in Your Content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and display Your Content only as needed to operate and provide the Services to you, including backup and sync. This license ends when you delete Your Content or your account, except for copies in backups, which are overwritten as described in our Privacy Policy.

You are responsible for Your Content and confirm that you have the rights needed to use it with the Services.

Acceptable use

You agree not to use the Services to:

  • break any law or regulation, or infringe anyone’s rights, including intellectual property and privacy rights;
  • upload or share content that is unlawful, harmful, threatening, harassing, defamatory, obscene or hateful, or that exploits minors;
  • distribute malware, or interfere with or disrupt the Services, their security, or the networks connected to them;
  • gain unauthorized access to the Services, other accounts, or our systems;
  • impersonate any person or misrepresent your affiliation with anyone; or
  • send spam or other unsolicited communications.

We may remove content or suspend access to the Services where we reasonably believe these rules have been broken.

Intellectual property

The Services, including their software, design, text, graphics, logos and the Lucitude name, are owned by Lucitude or its licensors and are protected by copyright, trademark and other laws. Except for the license in these Terms, no rights are granted to you. You may not use our name, logos or trademarks without our prior written permission.

If you send us ideas, suggestions or feedback, we may use them without restriction or obligation to you.

If you believe content available through the Services infringes your copyright, email hello@lucitude.com with the details required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), and we will respond promptly.

Third-party services

The Services may link to, or work with, services provided by others, such as app stores, sign-in providers and websites. Those services are governed by their own terms and privacy policies. We are not responsible for them, and a link does not mean we endorse them.

Privacy

Our Privacy Policy explains how we collect and use personal information when you use the Services. By using the Services, you acknowledge that we will handle your information as it describes.

Changes to the Services

We work to keep the Services available and up to date, but we may change, suspend or discontinue any part of them, including features or the availability of an App on a particular platform or operating system version. If we discontinue an App that includes a paid subscription, we will give reasonable notice where we can.

We may release updates that are required to keep using an App. You may need to update your device’s operating system to use the latest version.

Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure, or that any data will be stored without loss.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

Limitation of liability

To the fullest extent permitted by law:

  • Lucitude will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to the Services or these Terms, even if we have been advised of the possibility of such damages; and
  • Lucitude’s total liability for all claims arising out of or related to the Services or these Terms is limited to the greater of (a) the amount you paid for the App or service giving rise to the claim in the 12 months before the claim arose, and (b) one hundred US dollars (US$100).

These limitations do not apply to liability that cannot be limited or excluded by law, such as liability for death or personal injury caused by negligence, or for fraud.

Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Lucitude and its members, managers, employees and agents from any claims, losses, liabilities and expenses, including reasonable legal fees, arising from your breach of these Terms, your misuse of the Services, or Your Content.

Termination

You may stop using the Services at any time, and you can delete your account as described above. We may suspend or end your access to the Services if you materially breach these Terms, if we are required to by law, or if we discontinue the Services. Sections that by their nature should continue after termination, including those on intellectual property, disclaimers, limitation of liability, indemnity and governing law, will continue to apply.

Governing law and disputes

These Terms, and any dispute arising out of or related to them or the Services, are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, you agree to contact us at hello@lucitude.com and try to resolve the dispute informally for at least 30 days.

Any legal action arising out of or related to these Terms or the Services must be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you and Lucitude consent to the personal jurisdiction of those courts. Either party may bring a claim in small claims court where it qualifies.

If you are a consumer living in a country whose law gives you the right to bring proceedings in your local courts, or protects you under its mandatory consumer laws, nothing in these Terms takes away those rights.

Apple App Store terms

This section applies if you obtained an App from the Apple App Store.

  • These Terms are between you and Lucitude only, not Apple Inc. (“Apple”). Lucitude, not Apple, is solely responsible for the App and its content.
  • Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
  • Lucitude, not Apple, is solely responsible for providing maintenance and support for the App, as described on our Support page. Apple has no obligation to provide any maintenance or support for the App.
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Lucitude’s responsibility, to the extent not disclaimed in these Terms.
  • Lucitude, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
  • If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Lucitude, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
  • You confirm that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
  • You must comply with any applicable third-party terms when using the App, such as your wireless data service agreement.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about an App should be sent to Lucitude using the contact details at the end of these Terms.

Google Play terms

If you obtained an App from Google Play, you also agree to the Google Play Terms of Service. These Terms are between you and Lucitude, not Google, and Lucitude is responsible for the App and its content. Purchases are subject to Google Play’s payment terms and refund policies.

General

  • Entire agreement. These Terms, together with the Privacy Policy and any additional terms for a specific App or feature, are the entire agreement between you and Lucitude about the Services.
  • Severability. If any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part will be limited to the minimum extent necessary.
  • No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to do so later.
  • Assignment. You may not transfer your rights under these Terms without our consent. We may assign our rights and obligations in connection with a merger, acquisition or sale of assets, or to an affiliate.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Notices. We may give you notices through the Services or by email. You may give us notices by email at the address below.
  • Language. These Terms are written in English. Any translation is for convenience only.

Changes to these Terms

We may update these Terms from time to time. When we do, we will change the date at the top of this page. If a change is material, we will give reasonable notice before it takes effect, for example on this Website or inside the affected Apps. If you keep using the Services after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Services and delete your account.

Contact us

Legal name
Lucitude LLC
Address
1209 MOUNTAIN ROAD PL NE # 13687
ALBUQUERQUE, NM 87110
United States