Terms of Service for Lystmark’s Platforms & Software Services.

Last Updated: 11/05/2024.

These Terms of Service (the "Agreement") constitute a legally binding agreement made between you ("User," "you," or "your") and Lystmark Platforms LLC d/b/a Lystmark Platforms, together with its affiliate entity Lystmark Company LLC collectively d/b/a The Lystmark Company or Lystmark, (”Lystmark,” "Company," "we," "us," or "our"), concerning your access to and use of the Company’s software platforms, services, and products.

By accessing or using any of our platforms, you acknowledge that you have read, understood, and agreed to be bound by the terms outlined herein. If you do not agree with these terms, you must refrain from using the services provided by Lystmark Platforms LLC or any of its affiliates.

Scope of Agreement

This Terms of Service Agreement ("Agreement") applies to your access to and use of Lystmark Platforms services, including any software, applications, or features available through Lystmark Platforms. By using Lystmark Platforms or any related sites and applications, you agree to be bound by the terms outlined in this Agreement, as well as any additional terms that may apply specifically to services provided by Lystmark Platforms LLC.

1. Limitation of Liability

In no event shall Lystmark, its affiliates, subsidiaries, officers, directors, employees, or agents be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or damages arising from data breaches or security failures, including loss of profits, data, or goodwill, even if we have been advised of the possibility of such damages. Lystmark’s total liability to you for all claims, in the aggregate, will not exceed the amount you have paid to the Company in the twelve (12) months preceding the claim.

2. Waiver of Class Action Litigation and Arbitration

You agree to resolve any disputes or claims arising out of or relating to this Agreement exclusively in an individual capacity and, where permissible, through binding arbitration. You hereby waive any right to participate in a class action, collective action, or representative proceeding in connection with any claims or disputes. All claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

3. Refund Policy As a general policy, Lystmark does not offer refunds. However, users may contact Lystmark’s support team at [email protected] within 24 hours of their most recent monthly payment (invoice) to request a refund. If a refund is granted, this action will result in an immediate stoppage of service. Refund requests submitted outside this 24-hour window will not be considered, and all sales are final.

4. Account Ownership and Non-Sharing Clause

Your account is personal to you, and you are responsible for maintaining the confidentiality of your account credentials. Sharing account credentials with unauthorized third parties or using the account in a manner inconsistent with its designated purpose (personal or business) is strictly prohibited. You acknowledge that you are solely responsible for all activity conducted under your account. In the event of unauthorized use, you must notify the Company immediately. The Company reserves the right to terminate accounts where sharing or misuse is detected.

5. Applicability of Terms of Service

These Terms of Service apply to all users, whether using paid or free accounts. The Company reserves the right to update or modify these terms at any time, with advance notification of material changes. By continuing to use the software or services after modifications to this Agreement, you agree to be bound by the revised terms. It is your responsibility to periodically review this Agreement. Failure to comply with these terms may result in termination of your access to the services.

6. Intellectual Property Ownership

The following product names: Lystmark Platforms, Lystmark Cloud, and Lystmark Link (the “Products”), are the exclusive property of The Lystmark Company and/or its affiliates. All rights, titles, and interest in and to the Products, including any associated software code, trademarks, copyrights, service marks, and proprietary technologies, are owned solely by The Lystmark Company and its affiliates. You agree not to copy, reproduce, distribute, or create derivative works from the Products without express written consent from The Lystmark Company or its affiliates.

7. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which outlines our data collection, storage, and sharing practices. By agreeing to these Terms of Service, you consent to the practices described in the Privacy Policy.

8. Official Communication and Domain