Terms of Service

Binding arbitration and class-action waiver. Section 15 requires that most disputes between you and us be resolved by individual arbitration and not by court proceedings or class actions. Please read it carefully.

1. Acceptance of these Terms

These Terms of Service (“Terms”) form a binding contract between Light in the Dark Analytics LLC (“Light,” “we,” “us,” or “our”), a limited liability company organized under the laws of the Commonwealth of Pennsylvania with its principal place of business at 1310 Twin Stacks Dr, Dallas, PA 18612, and you (“you” or “User”). By creating an account, accessing, or using Referral Reminders (the “Service”), you agree to these Terms and to our Privacy Policy and Cookie Policy, each incorporated by reference. If you do not agree, do not use the Service.

2. Description of the Service

The Service is a web application that helps users track professional connections, store contact information for people they know outside the platform (“external partners”), and receive scheduled digest emails summarizing that network. The Service is provided on a freemium basis: a free tier with a ten-connection limit and a paid subscription that removes that limit and enables additional digest-scheduling options.

What the Service does not promise. The Service is a productivity and reminder tool. It does not guarantee that any referral, introduction, business relationship, or outcome will result from your use of it. We do not endorse, background-check, or verify any user or external partner, and we make no representation about the accuracy, completeness, or usefulness of any content you or other users input.

3. Eligibility

You must be at least sixteen (16) years old and capable of forming a binding contract under applicable law. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to both you individually and that organization.

4. Your account

• Provide accurate, current, and complete information at sign-up and keep it current
• Keep your password (and any OAuth credentials used to sign in) confidential and use a unique password for the Service
• You are responsible for all activity that occurs under your account, whether or not you authorized it, and you accept the risk of unauthorized access if you fail to secure your credentials
• Notify us immediately at referral@lightinthedarkanalytics.com if you suspect any unauthorized access to or use of your account
• One person or entity per account. You may not share accounts

5. Subscriptions, billing, auto-renewal, and refunds

• Free tier. Free accounts are limited to ten (10) active connections. Beyond that limit, you must upgrade to add new connections.
• Paid subscription. Current prices and plan features are displayed on our pricing page. By starting a paid subscription you authorize us, through our payment processor Stripe, to charge the payment method you provided at the plan price plus any applicable taxes on a recurring basis.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current rate, and you authorize us to charge your payment method for each renewal until you cancel. You may cancel at any time from the billing portal linked in your settings; cancellation takes effect at the end of the current paid period.
• Refunds. Fees are non-refundable except where required by law. We do not issue partial refunds for mid-period cancellations, for periods of non-use, or for features you did not use. If we terminate your paid subscription without cause, we will refund the unused prepaid portion on a pro-rata basis.
• Payment failures. If a recurring charge fails, we may retry the charge and suspend paid features until payment succeeds. If payment is not resolved within thirty (30) days, we may downgrade the account to the free tier and you remain liable for any unpaid amounts.
• Price changes.We may change prices or plan limits for future billing periods. We will provide at least thirty (30) days’ notice before a price change takes effect for active subscribers. Continued use after the effective date constitutes acceptance.
• Taxes. Prices are exclusive of applicable taxes. You are responsible for any taxes imposed on your use of the Service other than taxes on our net income.
• Chargebacks. If you dispute a charge with your card issuer without first contacting us in good faith, we may suspend or terminate your account and recover reasonable costs associated with the chargeback.

6. Acceptable use

You agree not to, and not to permit any third party to:

• Use the Service to send unsolicited bulk communications, phishing, spam, or any other unlawful messaging
• Harass, threaten, defame, or infringe the rights of any person or entity through the Service
• Upload, transmit, or link to material that is unlawful, defamatory, obscene, infringing, fraudulent, or that contains malware
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure
• Interfere with or disrupt the Service, servers, networks, or the experience of other users, including by circumventing rate limits or usage quotas
• Access the Service by any automated means (bots, scrapers, crawlers) except as explicitly permitted by the product
• Reverse-engineer, decompile, disassemble, or derive the source code of the Service, except to the limited extent expressly authorized by applicable law
• Use the Service to build, train, or benchmark a competing product or service, or to create a substantially similar product
• Resell, sublicense, or provide the Service as a service bureau to third parties without our prior written consent

We may investigate suspected violations and take any action we consider appropriate, including suspending or terminating your account, removing content, or cooperating with law enforcement, in each case with or without notice.

7. External partner contacts

The Service allows you to store information about people who are not themselves users (“external partners”). You represent and warrant that, for every external partner you upload:

• You have a lawful basis (such as a pre-existing business relationship or the contact’s consent) to store and use their information within the Service
• You did not obtain the contact information by scraping, data purchase from unauthorized sources, deception, or any other unlawful means
• You are the data controller for that information, and you will respond to any access, correction, or deletion request that the external partner makes directly to you

You agree to defend, indemnify, and hold us harmless from any claim, demand, loss, or expense (including reasonable attorneys’ fees) brought by any third party relating to external partner data you uploaded.

8. Intellectual property

Our property. The Service, including all software, design, text, graphics, logos, and other content provided by us (excluding User Content), is owned by Light in the Dark Analytics LLC or our licensors and is protected by copyright, trademark, and other intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose. No other rights are granted by implication, estoppel, or otherwise.

Your content.You retain all ownership rights in the content you submit to the Service, including your profile information, connections, asks, notes, and external partner data (collectively, “User Content”). You grant us a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, process, transmit, display, and create backups of your User Content solely as necessary to operate, provide, and improve the Service (for example, to deliver digest emails you have scheduled). This license ends when you delete the User Content or your account, except for backups retained in the normal course of business and for anonymized or aggregated data derived from it.

Feedback. If you send us suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback without restriction or compensation.

9. Third-party services

The Service integrates third-party services (including Clerk for authentication, Stripe for payments, Neon for database hosting, Fly.io for application hosting, Upstash for rate limiting and scheduling, Resend for email, and Sentry for error monitoring). Your use of those services is subject to their own terms. We are not responsible for the acts or omissions of third-party providers.

10. Termination

You may delete your account at any time from your settings. We may suspend or terminate your access to all or part of the Service, with or without notice, for any reason, including (a) a material breach of these Terms, (b) fraud, abuse, or activity that creates liability or harm for us or other users, (c) extended inactivity, or (d) our decision to discontinue the Service or a feature. Upon termination, your right to use the Service ends immediately. Sections 5 (unpaid fees), 7 (indemnity), 8 (intellectual property), 11 through 15, and 17 through 19 survive termination.

11. Service availability and modifications

We strive to keep the Service available but do not guarantee any specific level of uptime. We may modify, suspend, or discontinue all or part of the Service at any time, with or without notice. We will use commercially reasonable efforts to give active paid subscribers advance notice of material adverse changes to paid features.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT IS ACCURATE, RELIABLE, OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIGHT IN THE DARK ANALYTICS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE TOTAL AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THE ABOVE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Light in the Dark Analytics LLCand our members, managers, officers, employees, agents, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Service, (b) your User Content, (c) your violation of these Terms or any law or third-party right, or (d) your external partner data. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

15. Dispute resolution — binding arbitration and class-action waiver

Please read this Section carefully. It requires you to arbitrate disputes with us individually and limits the remedies available to you in the event of a dispute.

(a) Informal resolution first. Before filing a claim, you agree to contact us at referral@lightinthedarkanalytics.com and describe the dispute. We will attempt in good faith to resolve the dispute informally for sixty (60) days after receipt of your notice.

(b) Binding arbitration.If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms (a “Dispute”) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. The arbitration will be conducted in Luzerne County, Pennsylvania, or, at your election, by telephone or video conference or on the basis of written submissions if the amount in controversy is US$25,000 or less. A single arbitrator will be selected in accordance with AAA rules and will issue a reasoned written award. The arbitrator has exclusive authority to decide all issues of arbitrability, formation, validity, enforceability, and scope of this agreement to arbitrate.

(c) Class-action and jury-trial waiver. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. DISPUTES MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY ONLY. The arbitrator may not consolidate or join claims of more than one person and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable, then the entire agreement to arbitrate in this Section 15 will be null and void as to the affected claims.

(d) Exceptions. Either party may (i) bring an individual claim in small-claims court in a venue with personal jurisdiction over the defendant, or (ii) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights.

(e) Opt-out. You may opt out of this arbitration agreement by sending written notice to referral@lightinthedarkanalytics.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email associated with your account, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.

(f) Fees. The AAA Consumer Arbitration Rules governing fees will apply. We will pay administrative and arbitrator fees to the extent required by those rules.

16. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. The Federal Arbitration Act governs the interpretation and enforcement of Section 15. Subject to Section 15, any action not subject to arbitration must be brought exclusively in the state or federal courts located in Luzerne County, Pennsylvania, and you consent to the personal jurisdiction of those courts.

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email to the address on file and in-app, and we will update the version number and effective date above. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to the updated Terms, your only remedy is to stop using the Service and close your account.

18. General

• Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and us with respect to the Service and supersede any prior or contemporaneous understandings.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, employment, or fiduciary relationship.
• Notices. We may provide notice by email to the address on file, by in-app notification, or by posting to the Service. You must provide legal notice to us at 1310 Twin Stacks Dr, Dallas, PA 18612, Attention: Legal.
• U.S. export and sanctions. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

19. Contact

Light in the Dark Analytics LLC
1310 Twin Stacks Dr, Dallas, PA 18612
Email: referral@lightinthedarkanalytics.com