Terms of Service
Introduction
Welcome to Happy Assets UG (haftungsbeschränkt) representing LitAndSalty.ai, a German company with registered office at Knippratherstraße 61, 40789 Monheim, Germany (“Lit and Salty,” “we,” “our,” “us”). Please carefully read the following pages. These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at www.litandsalty.ai.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information resulting from your use of our website. Please read it Privacy Policy.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). By using our Service, you acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) these Agreements, you may not use the Service. Please let us know by emailing info@happyassets.co if you have any questions or concerns.
These Terms apply to all visitors, users, and others who wish to access or use our Service.
Terminology:
"Client", "User", "You" and "Your" refer to you, the person or entity using the Services.
"LitAndSalty.ai", "Ourselves", "Our", "We" and "Us" refer to LitAndSalty.ai Technology, Inc.
"Representatives" include LitAndSalty.ai's employees, advisors, affiliates, agents, and suppliers.
"Party", "Parties" refer to either or both you and LitAndSalty.ai.
Terminology may appear in singular or plural, capitalized or not, and should be interpreted accordingly.
These Terms, along with any incorporated policies, are the complete agreement between you and LitAndSalty.ai regarding the Services, superseding any previous agreements. No partnership or agency relationship is created by using our Services. You cannot assign these Terms without our consent, but we may assign them in cases like mergers or acquisitions.
Communications
By creating an account on our Service, you agree to receive newsletters, marketing, or promotional materials and other information from us. You may opt out of receiving any or all communications by following the unsubscribe link or emailing us at info@litandsalty.
Privacy Statement
We are committed to privacy protection. Refer to our Privacy Policy for details on how we handle personal information.
License to Use the Services
We offer you a non-exclusive license to use our Services, retaining all rights to the Services. You can allow your employees or contractors to use the Services but remain responsible for compliance with these Terms. Unauthorized actions include:
Modifying, copying, or selling our proprietary technology.
Submitting illegal or objectionable content.
Using the Services for harmful or fraudulent activities.
Reverse engineering or disrupting the Services.
Scraping or using bots to extract data.
Compromising security or introducing harmful software.
Creating competitive products using our Services.
License to Use the Services
When you input or generate content using our Services, you retain ownership. However, you grant us a license to use your content to operate, improve, and promote our Services. We have discretion to remove content that violates our Terms. You're responsible for ensuring your content doesn't infringe on rights or laws.
Terms and Termination
These Terms start when you first use the Services and can be terminated by you by stopping use and deleting your account, or by us for violation of Terms. Upon termination, we may delete your content unless required otherwise by law.
Confidentiality
You agree to protect any confidential information you receive through our Services, using at least the same care as you use with your own confidential information.
Purchases
a. Subscriptions. To access and use certain Services, you might need to enroll in a subscription payment plan and pay recurring charges. By using those Services, you agree to pay those recurring charges (collectively, a "Recurring Subscription"). If you add Services to your Recurring Subscription mid-term, charges for these additions will apply until the end of the current term. Your subscription will automatically renew unless you cancel it or your subscription is terminated. You authorize us to store your payment method information and automatically charge it for your subscription fees without further action from you. Subscription lengths will be specified at purchase. If we can't charge your payment method, we might suspend your access or update your payment details through third-party sources. You can cancel your subscription at any time via your account, but no refunds will be issued for the current period. You'll retain access until the end of your current term. We may change subscription prices with notice, but your existing subscription will remain at the current rate until renewal.
b. Other Usage Charges. If your usage exceeds your subscription's volume, you'll incur overage fees at our current rates, which you authorize us to charge.
c. Payment. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to provide certain information relevant to your Purchase, such as your credit card number, expiration date, billing address, and shipping details. You represent and warrant that:
(i) You have the legal right to use any credit card(s) or other payment methods in connection with your Purchase; and
(ii) The information you provide is true, correct, and complete.
We may use third-party services to facilitate payment and the completion of Purchases. By submitting your information, you authorize us to share it with these third parties in accordance with our Privacy Policy. We reserve the right to refuse or cancel your order at any time, including but not limited to cases involving fraud or unauthorized or illegal transactions.
d. Refunds and Exchanges. Payments are non-refundable, except where required by law.
e. Reservation of Rights. We reserve the right to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for services; and to refuse to provide any user with any Service.
Exclusions and Limitations
Services are provided "as is" with no warranties. In no event shall Happy Assets UG (LitAndSalty.ai) , its subsidiaries, affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profit, data, use, goodwill, or other intangible losses, arising from:
Your access to or use of or inability to access or use the Services.
Any conduct or content of any third party on the Services.
Any content obtained from the Services.
Unauthorized access, use, or alteration of your transmissions or content.
This limitation applies regardless of whether such damages were foreseeable, whether or not we were advised of the possibility of such damages, and whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.
Our total liability to you for all claims arising from or related to the use of the Services, whether in contract, tort, or otherwise, shall not exceed the greater of:
The total amount you have paid us for the Services in the twelve (12) months preceding the claim.
This limitation of liability shall apply to the maximum extent permitted by law, and some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.
You acknowledge that you assume all responsibility and risk for your use of the Services. You understand and agree that any materials downloaded or otherwise obtained through the use of the Services are at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from such use.
Revisions and Errors
The Services provided by Happy Assets UG (LitAndSalty.ai) may occasionally contain inaccuracies or errors, including but not limited to technical, typographical, or visual misrepresentations. We do not guarantee that the information, content, or materials available through the Services are accurate, exhaustive, or up-to-date.
Right to Modify Services
We reserve the right to alter, modify, or update the Services at any time, with or without prior notification. These changes might include updates to features, functionality, content, or pricing. While we strive to improve and maintain the Services, we do not commit to providing ongoing updates or corrections to any part of the Services.
10. Our Intellectual Property
The Service and its original content, features, and functionality are the exclusive property of Happy Assets UG (haftungsbeschränkt) and its licensors. Our trademarks may not be used without our prior written consent. Our Services include our intellectual property which you may not exploit without permission.
11. Copyright Complaints
To report infringement, contact our agent at moderation@litandsalty.ai
12. Indemnification
You agree to indemnify, defend, and hold harmless Happy Assets UG (LitAndSalty.ai) , its subsidiaries, affiliates, officers, directors, employees, agents, and licensors (collectively, "Representatives") from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses. This also extends to any third-party claims and causes of action, including, but not limited to, legal fees and costs, that might arise from:
Your breach of any provision within these Terms of Service.
Any violation of applicable laws by you in connection with your use of the Services.
Your use or misuse of the Services, including any content or output generated by or through the Services
Assistance in Defense
You are obligated to assist us in the defense of any such claims at no charge to us. This assistance includes, but is not limited to, providing us with relevant information, documents, records, and granting us reasonable access to you as we may require for our defense.
Control Over Settlements
You must not settle or compromise any claim or waive any defense against a third-party claim without first obtaining our explicit written consent. This ensures that we maintain control over our legal position and rights.
Force Majeure
Happy Assets UG (LitAndSalty.ai) shall not be held liable for any failure to perform our obligations under these Terms of Service if such failure is caused by events beyond our reasonable control. This includes natural disasters like earthquakes, hurricanes, tornadoes, floods, fires, or volcanic eruptions; human-induced events such as terrorism, war, civil war, insurrection, rebellion, actions by military or civil authority, riots, or civil commotion; public health crises like pandemics or epidemics; governmental actions including new laws, regulations, embargoes, or government orders; disruptions in utilities or services like telecommunications, internet, or power supply; labor disputes such as strikes or lockouts; and unforeseen technical failures or breakdowns in systems or facilities not due to our negligence. These events excuse our performance to the extent they affect our ability to provide Services, meet deadlines, or maintain service levels, even if they were not reasonably foreseeable at the time of agreement. In cases where such conditions persist, either party might opt to terminate or suspend the agreement without incurring liability, and we will endeavor to notify you of these conditions and their impacts. We will use commercially reasonable efforts to mitigate the effects on our Services and resume performance as soon as possible, but no liability will be incurred for delays or failures resulting from these force majeure events.
Waiver
No waiver of any Terms provision unless in writing and signed by us.
Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
You and LitAndSalty.ai agree to resolve any past or present claims related to these Terms or our Services through final and binding arbitration, except for claims that can be brought in small claims court or those solely for injunctive relief or intellectual property disputes.
You have the right to opt out of these arbitration terms, including any future changes, by sending us written notification within thirty (30) days of first using our Services. This notification must include your name, address, and a clear statement indicating your refusal to resolve disputes through arbitration with LitAndSalty.ai. If you do not opt out within this 30-day period, you accept all arbitration and dispute resolution conditions outlined in these Terms.
Before any formal legal action against Happy Assets UG (LitAndSalty.ai) can be initiated, you must attempt to resolve the dispute informally by sending a notification via certified mail, detailing your name, the nature of the dispute, the remedy you seek, and your preferred contact method. If no resolution is reached within 60 days or a mutually agreed-upon period, you may proceed with formal action. The statute of limitations is paused during this informal resolution period.
Arbitration will be administered by the German Institution of Arbitration (DIS) under its Arbitration Rules, as modified by these Terms. The arbitration will be conducted by a single arbitrator, mutually selected from the DIS list. In-person arbitration sessions, if any, will take place in Monheim am Rhein, Germany. Each party is responsible for their own legal fees, and Happy Assets UG (LitAndSalty.ai) will only cover your fees if directed by the arbitrator. If your claim is deemed frivolous or brought in bad faith by the arbitrator, you agree to reimburse LitAndSalty.ai for all arbitration-related costs, including legal fees.
The arbitrator may not grant injunctive relief unless both parties agree otherwise; in cases involving both monetary and injunctive claims, monetary issues must be resolved through arbitration before pursuing injunctive relief in court, where legally permitted. The arbitrator's decision is final and binding, with the possibility of court enforcement.
Unless otherwise required by law, all aspects of the arbitration, including related documents, proceedings, and awards, will remain confidential except for what's necessary to enforce the award.
These Terms are governed by German law, excluding its conflict of law provisions. Except for arbitration or small claims court actions as specified, any legal proceedings must occur in courts within Monheim am Rhein, Germany, and both parties consent to this jurisdiction.
Both parties agree that any legal action must be pursued individually, not as part of a class, consolidated, or representative action. You waive your right to participate in or initiate any class action related to these Terms, and the arbitrator is not permitted to consolidate claims or oversee any class action proceedings.
If you breach these Terms, it could cause irreparable harm to LitAndSalty.ai, for which monetary compensation might not suffice. Therefore, we may seek equitable relief without needing to post a bond or prove damages.
Written notifications for disputes should be sent via certified mail to:
Notification of Changes
Changes to Terms are notified 30 days in advance for material changes, effective immediately for others upon posting.
17. Analytics
We use third-party providers, such as Google Analytics, to monitor and analyze website traffic and user activity. Please refer to Google’s Privacy Policy for more information.