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LITHIUM SAFETY APP

TERMS OF USE

Effective Date: June 3, 2024

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PROHIBITED ACTIVITIES
  6. USER GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. MOBILE APPLICATION LICENSE
  9. SUBMISSIONS
  10. THIRD-PARTY WEBSITE AND CONTENT
  11. SITE MANAGEMENT
  12. PRIVACY POLICY
  13. TERM AND TERMINATION
  14. MODIFICATIONS AND INTERRUPTIONS
  15. GOVERNING LAW
  16. DISPUTE RESOLUTION
  17. CORRECTIONS
  18. DISCLAIMER AND LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  22. MISCELLANEOUS
  23. SPECIFIC TERMS OF USE FOR THE SOLUTION
  24. FORCE MAJEURE
  25. CONTACT
  26. AGREEMENT TO TERMS

These Terms of Use (or the “Agreement”) constitute a legally binding agreement/contract made between you, whether personally or on behalf of an entity (“you” or the “Customer”) and S.C. LITHIUM S.R.L., doing business as Lithium Network (“Lithium Network”, “Lithium”, “we,” “us,” or “our”), concerning your access to and use of the https://lthn.org website and all it’s subdomains (hereinafter, the “Site”), the official Lithium-owned „use case” web and mobile applications, such as „Lithium – The People’s Sense” (“Lithium Safety App”), for any web or mobile Operating System (hereinafter, the “Application”), the Lithium-owned servers and APIs, regardless of the domains and/or subdomains used, as well as any other media form, media channel, mobile website, web-based or mobile-based application related, linked, or otherwise connected thereto (all the above collectively named the “Solution”), including any manual or automatic services (hereinafter, the “Service”), related to or offered as part of the Solution. This Agreement shall apply to and be effective also upon purchasing of any software, hardware, cloud services, and related products or services Lithium may make available through its online services (including without limitation the Site), or those of its affiliates, partners or its authorized distributors/sellers. For purposes of this Agreement, the term “Products” may include but is not limited to (i) Lithium-enrolled/Lithium-activated Devices, (ii) Lithium Modules and devices, (iii) access to the Solution, including the paid services, if any.

We are registered in Europe, Romania, under the European Union, and have our registered office at Splaiul Unirii, nr. 43, bl. M16, sc. 1, et. 6, ap. 19, sector 3, Bucharest 030125. Our National Identification Company ID is 4633237 and our VAT Number is 49156747. You agree that by using the Solution, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SOLUTION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site or in other parts of the Solution from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Effective Date” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Solution so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Solution after the date such revised Terms of Use are posted.

The information provided on the Site or in other parts of the Solution is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access or use the Solution from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Solution is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18 or 21) must have the permission of, and be directly supervised by, their parent or guardian to use the Solution. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Solution.

  1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Solution is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics present in the Solution (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws, and international conventions. The Content and the Marks are provided in the Solution “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or Solution and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Solution, you are granted a limited license to access and use the Solution and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Solution, the Content and the Marks.

  1. USER REPRESENTATIONS

By using the Solution, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Solution; (6) you will not access the Solution through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Solution for any illegal or unauthorized purpose; and (8) your use of the Solution will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Solution (or any portion thereof).

  1. USER REGISTRATION

You may be required to register with the Solution. You agree to keep your password confidential and will be responsible for all use of your account and password.

  1. PROHIBITED ACTIVITIES

You may not access or use the Solution for any purpose other than that for which we make the Solution available. The Solution may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Solution, you agree not to:

Systematically retrieve data or other content from the Solution to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Solution, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Solution and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Solution.
Use any information obtained from the Solution in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Solution in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Solution.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Solution or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Solution.
Engage in any automated use of the system, such as using scripts to interact with any part of the Solution, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the account of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Solution or the networks or services connected to the Solution.
Harass, annoy, intimidate, or threaten any of our employees, partners, affiliates, engaged in providing any portion of the Solution to you.
Attempt to bypass any measures of the Solution designed to prevent or restrict access to the Solution, or any portion of the Solution.
Copy or adapt the Solution’s software, including but not limited to Flash, PHP, HTML, JavaScript, Java, SQL or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Solution.
Except as maybe the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Solution, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases in the Solution.
Make any unauthorized use of the Solution, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Solution as part of any effort to compete with us or otherwise use the Solution and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Solution to advertise or offer to sell goods and services.
Sell or otherwise transfer your account.

  1. USER AND USER’S DEVICE GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Solution, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). All content or data received by a Lithium-enrolled device, including the ones owned by you, represent a Contribution as well. Contributions may be viewable by other users of the Solution and through third-party solutions. As such, any Contributions you transmit may be treated in accordance with the Solution Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Solution, and other users of the Solution to use your Contributions in any manner contemplated by the Solution and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Solution and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Solution in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Solution.

  1. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Solution, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Solution. You are solely responsible for your Contributions to the Solution and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

  1. MOBILE APPLICATION LICENSE

Use License

If you access the Solution via a mobile application, an “use case” mobile application, such as the official “Lithium – The People’s Sense” (“Lithium Safety App”), including third-party applications, not owned by Lithium but reaching Solution’s content, media or servers, through an available Lithium API or SDK, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the respective mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the general terms and conditions and the explicit terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You acknowledge and agree that, other than available Lithium’s support email addresses, official contact forms, or support ticketing systems, made available on the Site or in other parts of the Solution, as well as the Lithium development community, which may or may not exist and be active through third-party communication applications, such as Discord, Slack, Teams, Lithium does not provide other forms of support. Without limiting our other remedies, we may (but are not required to) remotely suspend or disable devices or features that we believe are being used in violation of this Agreement.

You shall not, directly or indirectly, use Lithium enrolled devices (or any other tracking product) to track the location of any person (or property owned or used by that person) without that person’s consent.

For clarity, your own internal use of any part of the Solution, does not include use of the Solution by or for any of your customers or by or for any other third party (including any sister company).

Apple and Android Devices

The following terms apply when you use the Application, obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Solution: (1) the license granted to you for our Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

  1. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Solution (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  1. THIRD-PARTY WEBSITE AND CONTENT

The Solution may contain (or you may be sent via any of the Solution components) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Solution or any Third-Party Content posted on, available through, or installed from the Solution, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Solution and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Solution or relating to any applications you use or install from the Solution. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

  1. SOLUTION MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Solution for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Solution or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Solution in a manner designed to protect our rights and property and to facilitate the proper functioning of the Solution.

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://lthn.org/privacy-policy/. By using the Site and the Solution, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the processing parts of the Solution are hosted in the European Union. If you access the Solution from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the EU, then through your continued use of the Solution, you are transferring your data to EU, and you agree to have your data transferred to and processed in EU. Moreover, the data collected through the means of Solution usage by you may be stored, according to the International laws, to our servers or our Third-Party providers’ servers, which may or may not be based in EU. Take note that besides an email address for accessing the account and sending critical notifications, there is no Personal Identification Information collected through the Solution. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Solution as quickly as is reasonably practical.

  1. TERM AND TERMINATION

The term of these Terms of Use starts on the Effective Date and shall remain in full force and effect while you use the Solution. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SOLUTION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SOLUTION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU PROVIDED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

This Agreement shall automatically terminate upon your failure to pay any fee Lithium associates with the use of the Solution. You may otherwise terminate this Agreement at any time by notice to Lithium. You acknowledge and agree that Lithium may retain data you have provided or produced in connection with your use of Lithium’s Solution for a period of 180 days following your termination of this Agreement.

In addition to Lithium’s other rights under this Agreement, you acknowledge and agree that Lithium shall have the right to immediately suspend temporarily or terminate your access to the Solution in the event that you, or your associated devices fail to comply with the limitations on Service usage, such as transmitting data erratically or continuously, overloading the Solution’s servers or mobile applications, applying GPS spoofing methods while asserting the location of used devices, or any other means that might produce side effects or unwanted behavior of the Solution.

Except as set forth in this Agreement, in the event of termination of this Agreement, the rights and obligations hereunder will terminate immediately. Any payment or other obligation that has accrued as of such termination date will survive such termination. In the event of any termination of this Agreement any provision hereof required to enforce the party’s rights and obligations hereunder or that by its terms continues after such termination will survive and will continue in effect as described therein.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents, functionality, features or any other parts of the Solution at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site or in other parts of the Solution. We also reserve the right to modify or discontinue all or part of the Solution without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Solution. You have the right to stop using the Solution if it doesn’t fit with your personal goals or expectations anymore. Stopping the usage of the Solution does not imply any refund or payment to you, and the automatic subscription-based licenses that might be made available through the Solution can only be cancelled explicitly by you, using the provided means in the Solution.

We cannot guarantee the Solution will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Solution, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Solution at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Solution during any downtime or discontinuance of the Solution. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Solution or to supply any corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW

These conditions are governed by and interpreted following the laws of Romania, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. S.C. LITHIUM S.R.L. and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Bucharest (București), which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in Romania, or in the EU country in which you reside.

  1. DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.

  1. CORRECTIONS

There may be information on the Site or in other parts of the Solution that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site or in other parts of the Solution at any time, without prior notice.

  1. DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SOLUTION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SOLUTION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOLUTION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOLUTION’S CONTENT OR THE CONTENT OF ANY WEBSITES, SERVICES, SOFTWARE OR HARDWARE PRODUCTS LINKED TO THE SOLUTION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOLUTION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOLUTION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOLUTION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOLUTION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOLUTION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SOLUTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET IN THIS AGREEMENT, AND THE LITHIUM-ENROLLED DEVICES LIMITED WARRANTY, THE SOLUTION, INCLUDING ALL ITS PARTS AS DEFINED IN THE PRESENT TERMS OF USE, AS WELL AS ANY OTHER PRODUCTS, SERVICES, DELIVERABLES, AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ACCURACY, OPERABILITY, USE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND LITHIUM HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING THE SOLUTION, INCLUDING ALL ITS PARTS AS DEGINED IN THE PRESENT TERMS OF USE, AS WELL AS ANY OTHER PRODUCTS, SERVICES, DELIVERABLES, AND CONTENT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTY THAT THEIR USE WILL PRODUCE ANY RESULTS, FINANCIAL, SAFETY OR OTHERWISE. NEITHER LITHIUM NOR ITS AFFILIATES SHALL BE LIABLE TO YOU, THE CUSTOMER OR ANY THIRD PARTY (A) FOR SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST ASSETS OR ANY OTHER KIND OF NATURAL DAMAGE, ARTIFICIAL DAMAGE, MAN-MADE DAMAGE, PHYSICAL DAMAGE, PSYCHOLOGICAL DAMAGE (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF LITHIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) FOR DAMAGES ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT IN THE AGGREGATE IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER PURSUANT TO THIS AGREEMENT.

THE SOLUTION IS DEFINED AS A NOTIFICATION SOLUTION, AND DOES NOT REPRESENT A MEDICAL, NOR A MEDICAL ADVICE SOLUTION. IT DOES NOT INCLUDE OR IMPLY ANY FIRST AID OR ACTION RECOMMENDATIONS AND IT DOES NOT BELONG, LINK, RELATE, OR CONNECT TO ANY OFFICIAL BODY OR AUTHORITY, FROM ANY COUNTRY WHERE THE SOLUTION IS ACTIVELY USED. YOUR ACTION, UPON RECEIVING AN EMERGENCY ALERT, REMAINS SOLELY AT YOUR OWN DISCRETION AND IT IS YOUR VOLUNTARY DECISION AS A RESULT OF THE INFORMATION PROVIDED BY THE SOLUTION. WE ARE NOT LIABLE FOR ANY HARM, OR ANY KIND OF PRODUCED DAMAGE, THAT RESULTS FROM YOUR ACTIONS, FOLLOWING AN EMERGENCY ALERT, RECEIVED FROM LITHIUM.

MOREOVER, THE LITHIUM COMPATIBLE DEVICES ARE NOT NECESSARILY PROFESSIONAL SAFETY DEVICES, AND THEY SHOULD NOT BE TREATED AS SUCH. LITHIUM COMPATIBLE DEVICES SHALL BE USED AS AUXILIARY DEVICES ALONG WITH THE PROFESSIONAL, AUTHORISED SECURITY AND SAFETY DEVICES YOU INSTALL ON YOUR OWN, AND SHOULD NOT REPLACE UNDER NO CIRCUMSTANCES YOUR EXISTING, PROFESSIONAL AND AUTHORISED, INSTALLED SECURITY AND SAFETY SYSTEM.

In certain circumstances, Lithium makes early and pre-production (alpha, beta) software code (“Pre-production Code”) available to users of the Solution. Pre-production Code is not finished code and may contain errors. The use of Pre-production Code may cause loss of data and other technical malfunctions. Pre-production Code is provided as-is, without warranty of any kind. Lithium will use commercially reasonable efforts to mark any such code as being “Pre-Production”, “Test”, “Alpha”, “Beta” or similar designation. By using Pre-production Code, you acknowledge and agree that in addition to the disclaimers and limitations of warranty set forth in (a) above, Lithium shall have no liability for, and you shall indemnify Lithium with respect to, any and all claims that Customer’s use of such Pre-production Code resulted in damage to Customer or any third party. Customer further agrees that it shall use any such Pre-production Code only for its own internal testing and development efforts and that Customer shall not make any Pre-production Code or portion thereof available to any third party.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Solution; (2) defects or bugs of the Solution; (3) errors or incorrect behavior of the Solution; (4) breach of these Terms of Use; (5) any breach of your representations and warranties set forth in these Terms of Use; (6) your violation of the rights of a third party, including but not limited to intellectual property rights; or (7) any overt harmful act toward any other user of the Solution with whom you connected via the Solution. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  1. USER DATA

We will maintain certain data that you transmit to the Site or in other parts of the Solution for the purpose of managing the performance of the Solution, as well as data relating to your use of the Solution. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Solution. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site and using the Solution, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, on the Site or in other parts of the Solution, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR IN OTHER PARTS OF THE SOLUTION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in the Solution or in respect to the Site or with the Solution constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Solution. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

  1. SPECIFIC TERMS OF USE FOR THE SOLUTION

Compatible devices

You agree that you have read and understood the following technical aspects, regarding the functioning of the Solution. The Solution works solely with compatible devices, integrated into the software flow of the Application. The official list of compatible devices is kept up-to-date on the Site in the dedicated ‘Sensors’ webpage, or in other parts of the Solution, and we do not guarantee the accuracy of any other third-party websites or products advertising any list of Lithium compatible devices. You understand that not all devices are working with the Solution, as even the compatible devices require to be first enrolled into the Solution, prior to starting using the Solution. Compatible and enrolled devices can be found and purchased online or offline in the shops, websites, or online shops of our partners. The Partners are always showcased, mentioned, displayed on the Site or in other parts of the Solution. We cannot guarantee and cannot be held responsible for the accuracy of other third-party websites or products advertising their collaboration with us, or any Lithium-enrolled devices. Be aware of any scams and notify us through the available contact forms or email addresses in case you find inaccurate information regarding the Solution anywhere.

Technical limitations

Lithium-enrolled devices are using the Helium Network, so they can properly work only when they have batteries inserted, successfully added under a valid user account, placed in an area covered by the Helium network (https://helium.com), tuned on the correct and legally available regional LoRa frequency (e.g. EU868 or US915 – Frequency Plans by Country | The Things Network: https://www.thethingsnetwork.org/docs/lorawan/frequencies-by-country/), and which have successfully joined the LoRaWAN network through their joining process, described either in thei manufacturer’s user guide, or other guides, provided by Lithium. Moreover, moving or obstructing the devices might make it more difficult to transmit signals to the nearby LoRa gateways. This can also reduce Helium related token earnings for the Helium hotspots. Regardless, Lithium does not guarantee any Helium gateways are present in the proximity of your devices and neither makes any promises nor warranties that the Lithium-enrolled devices will properly send radio signals, as there may be a multitude of factors, beyond our control, influencing the transmission, such as distance to a gateway, the material of the walls or obstructing objects, the status of the Helium Network, Helium/Solana Blockchain, Lithium API, or any other third-party services/products used in the Solution. We do highly recommend doing thorough research using the official Helium Explorer (https://explorer.helium.com) and the Helium Mappers Project (https://mappers.helium.com) to better understand and evaluate if the Lithium-enrolled devices may be able to transmit signals properly.

Please, be aware and always monitor the status of the Lithium-enrolled devices in the Application, for any notifications or errors, as well as monitor the devices, for any visible physical damage. We cannot be held liable for any kind of damage produced by the misuse, improper installation, factory defects, or software/hardware errors of the compatible devices used together with the Solution, given we are providing software only products and services, not directly linked to the devices themselves nor to their manufacturers/vendors. If there is any defect with the devices, please address these issues to the shop you purchased the device from, or to the manufacturer.

Furthermore, the Solution, including the used Lithium-enrolled devices, may experience delays, due to a multitude of technical reasons and factors, and we are not responsible for any harm, or any kind of damage if the Solution does not function properly in a particular period of time.

Payment of service

You agree to pay all fees owed to us (or affiliates) in the manner specified on the Site or in other parts of the Solution, on official websites, announcements, or approved Partner websites and announcements, allowing our third-party payment processor partner, if any, to collect, store and process your data, to successfully complete the transactions between you and us, either manually, or automatically as part of a recurrent, subscription-based license. We reserve the right, in our sole discretion, and without prior notice, to stop, either manually or automatically, providing services or other components of the Solution to you, in case the required payments are not completed at a specific date, clearly communicated on the Site or in other parts of the Solution. We reserve the right to take appropriate legal action against anyone who uses the Solution, together with its payable benefits from the paid plans, without actually completing the transactions for the used benefits, by any means, either by leveraging an error in the software, or by intentionally finding ways to avoid paying the provided services.

Reselling or transferring of devices

As a limited exception to the prohibitions in Restrictions section, you may resell or transfer to a third party a device that you have validly purchased. Following such transfer, such a third party will be required to accept these Terms of Use in order to activate and use the device. You acknowledge you are not authorized to make any representations, warranties, or commitments on Lithium or its affiliates’ behalf in connection with any such transfer, and you agree to indemnify Lithium and its affiliates against any claims or losses in connection with any such representation, warranty or commitment. You further acknowledge that any offer or agreement with respect to such transfer is purely between you and the purchaser or transferee and that neither Lithium nor its affiliates have any control over, or liability, for the terms or performance of any such agreement, including the delivery of the device or the payment of any purchase price.

If a Lithium-enrolled device changes ownership, it must first be deleted from the previous owner’s account and re-added to the new owner’s account, while asserting the new current location if that is the case.

Benefits

During the normal operation and usage of the Solution, you may earn a variety of benefits (“Benefits”) (including but not limited to points, physical and digital rewards). By using the solution and agreeing to the present Terms of Use you acknowledge that:
any Benefit you may earn during your usage of the Solution is not guaranteed;
any Benefit you may earn, requires usually some sort of contribution from your side in exchange;
the Benefits you may earn, do not necessarily hold any intrinsic or extrinsic value, and may or may not be converted to other tangible or intangible assets, goods or monetary values;
the Benefits are distributed using automated software mechanisms and cannot be manually added or subtracted to your account by anyone, including any of our employees, partners, affiliates, engaged in providing any portion of the Solution to you;
the way the Benefits are being distributed, including the type, amount and distribution criterias can change without notice, in our sole discretion, and the current applying earning rules may be stated in a different document, or part of the Solution. You agree you are the only one responsible for reading, understanding and applying the rules, that may qualify you to earn any Benefit we might make available through our Solution, or our, or our partners other mechanisms, including but not limited to referral programs, content creation (Ambassador) programs, etc.

Patrons and hosts

If you are a Lithium Patron or you have knowingly purchased and activated a Lithium-enrolled device having the goal of placing it to a different place (a “Patron”), Lithium authorizes you to provide Lithium-enrolled devices that you have validly purchased and activated (“Patron Devices”) to other users (“Hosts”), provided you continue to comply with all requirements and terms applicable to the Patron program and Customer program. You acknowledge you are not authorized to make any representations, warranties, or commitments on Lithium or its affiliates’ behalf, and you agree to indemnify Lithium and its affiliates against any claims or losses in connection with any such representation, warranty, or commitment. Patrons are solely responsible for identifying Hosts, and as a Patron, you acknowledge that no Hosts may be available in any particular area. Patrons further acknowledge that Lithium does not provide any introductions, recommendations, or other services to Patrons to assist with identifying Hosts. For clarity, Patrons’ resale of Lithium-enrolled devices is addressed only under this Section, and not under the general resale provision in Section Permitted device transfers.

If you are a Host, you acknowledge that your Patron may earn some or all of the Helium tokens or any other tokens generated through the use of your Patron device, unless otherwise agreed with the Patron.

Patrons and Hosts acknowledge that any offers or agreements between them with respect to provision, receipt, or use of Products are purely between the applicable Patron and Host and that neither Lithium nor its affiliates have any control over, or liability, for the terms or performance of any such agreement, including the delivery of any Patron device or the payment of any fees, Helium tokens, or any other tokens to any Host. Neither Lithium nor its affiliates have any obligation to resolve any dispute between a Patron and a Host, and the Patron and Host party to any such dispute each agree to indemnify Lithium and its affiliates against any claims or losses in connection with any such dispute.

  1. FORCE MAJEURE

If Lithium is unable to perform any of its obligations under this Agreement because of severe weather, natural disasters, acts of God, riots, wars, theft, governmental action, acts of our suppliers, or other events beyond our reasonable control, then we are relieved from our performance of such obligations to the extent, and for the duration, that such performance is prevented by such events.

  1. CONTACT

In order to resolve a complaint regarding the Solution or to receive further information regarding use of the Solution, please contact us at:

S.C. LITHIUM S.R.L.
VAT Number: 49156747
TIN (C.U.I.): 46332377
Registration Number: J40/11708/2022

Splaiul Unirii 43, Apt. 19
030125
Bucharest, Romania, European Union

Email: support@lthn.org

For Privacy issues, please consult the Privacy Policy, or Cookie Policy or address your questions to: dpo@lthn.org