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1. Introduction

Welcome to Service Lightning, LLC (“Company”, “we”, “our”, “us”). By accessing or using our software (“Service”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree to these Terms, you may not use the Service. These Terms of Service (“TOS”) represent the basis of a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Service Lightning, LLC (“Service Lightning”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services you accept these TOS and you agree to abide by the then-current version of: these TOS including our Support Policy, our Refund & Billing Policy, Stripe’s Connect Platform Merchant Policy, our Privacy Policy, our Service Maintenance Policy, our DMCA Policy, and A2 Web Hosting’s associated policies integrated into the TOS and found at their respective websites. These Policies may be modified from time-to-time by us and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here. While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your instance of such products and services (“End Users”).

2. Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.

3. License Grant

Subject to these Terms, Service Lightning, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for appointment setting, invoicing, estimating, billing, merchant services, POS hardware, website creation tools, and associated website hosting services.

4. Account Registration

To use the Service, you must register for and maintain an account with us. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Payment Terms

  • The license fee for the Service is $149.00 per month (“Subscription Fee”), billed on a monthly basis.
  • The Subscription Fee is subject to change at the Company’s discretion. Any changes will be communicated to you in advance.
  • Failure to maintain account standing will result in account closure.
  • Accounts have a 15-day grace period from the due date to make the payment. After this period, restrictions to application functionality will be imposed.
  • Accounts not paid after 45 days from the due date will be closed.

6. Website Hosting

In order to use Service Lightning, your website should be hosted on our server and website domain pointed to the same. If you wish to integrate Service Lightning into an existing website, there may be a one-time additional fee to integrate the software into the existing website.
If there is no existing website, Service Lightning, LLC will provide tools for creating a website for your business at no additional charge. Assistance or website creation services are also available.
All hosting is subject to the Terms & Conditions of A2 Hosting in addition to the following.
You may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers. We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until canceled.
We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until canceled.

  1. AUTOMATIC RENEWAL. Each month, the service will AUTOMATICALLY RENEW for an additional month. If you wish to discontinue the Services, you need to notify us by using one of the methods below before automatic renewal for a Renewal Term. You can notify us by:
    1. Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our account cancellation link.
    2. Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email or contacting us through our customer portal.
  2. Termination. Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.

7. Intellectual Property Rights

Ownership: All content, features, and functionality available on or through our services, including but not limited to code, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ("Content"), are the property of Service Lightning, LLC or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Restrictions: You agree not to:

  1. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Content, use of the Service, or access to the Service without express written permission by us.
  2. Use our services or Content to develop, produce or market any product, software, or service that directly or indirectly competes with or is substantially similar to our services.
  3. Reverse engineer, decompile, disassemble, or attempt to discover or modify the source code or structure, sequence, or organization of the Services or any part thereof, unless explicitly permitted by law.

8. User Conduct

Prohibited Actions: In addition to the restrictions above, you may not:

  1. Use the services in any way that could damage, disable, overburden, or impair our servers or networks.
  2. Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means.

9. Confidentiality

Protection of Intellectual Property: Users are strictly prohibited from disclosing, reproducing, modifying, distributing, or otherwise using any proprietary information, including but not limited to, ideas, concepts, techniques or algorithms observed or learned from our services, for any purpose other than the personal use of the Service as intended by Service Lightning, LLC.

10. Merchant Services Provided by Stripe

Please refer to Stripe.com for the latest Stripe Connect Terms and Conditions.
This Stripe Connected Account Agreement governs your rights and obligations when your Stripe Account is enrolled via the Service Lightning platform using Stripe Connect Services (“Stripe Connect Platform”). The Stripe Services Agreement is incorporated into this Connected Account Agreement by this reference.

  1. Key Definitions.

    “Activity” means any action taken on or related to a Connected Account that a Stripe Connect Platform or a Connected Account initiates, submits or performs, either through the Stripe Technology or through the Stripe Connect Services, including communication regarding the Services relating to that Connected Account.
    “Platform Services” means the products and services that Platform Users receive from a Stripe Connect Platform, regardless of whether fees are charged (e.g., web development, customer support or hosting services).
    “Platform Provider Agreement” means, as to each Connected Account, collectively, the agreements that a Stripe Connect Platform has with that Connected Account.

  2. Your Stripe Account.

    Stripe Connect Platforms can help you use the Services, which may include the Stripe Payments Services. A Stripe Connect Platform may help you to create your Stripe Account, or enroll your existing Stripe Account with the Stripe Connect Platform. A Stripe Connect Platform may conduct Activity on your behalf and act as a data controller to instruct Stripe to process Your Data (as defined below), as long as it does so according to your Platform Provider Agreement. Activity may be submitted, initiated or performed through the Stripe Dashboard or through the Stripe API, and this includes the communication of information about Transactions (if applicable), as well as other features as described in the Documentation. A Stripe Connect Platform may restrict your ability to (a) terminate the Stripe Connect Platform’s access to your Stripe Account; and (b) view, access or activate certain Services. You should read your Platform Provider Agreement carefully to understand the nature of the Platform Services and the Activity that a Stripe Connect Platform may conduct on your behalf. Stripe is not a Stripe Connect Platform, and only provides the Services described in this Connected Account Agreement and the Stripe Services Agreement.

  3. Representation and Warranty; Your Responsibilities.

    You represent as of the Effective Date, and warrant at all times during the Term, that the information that you provide to Stripe directly or through a Stripe Connect Platform is accurate and complete. You are solely responsible for, and Stripe disclaims all liability for, the provision of goods and services sold to your Customers as part of your use of the Services, and any obligations you may owe to your Customers. If you use the Stripe Payments Services, you are always financially liable to Stripe for the full amount of all Disputes (including chargebacks), Refunds, and fines that arise from your use of the Stripe Payments Services, regardless of whether you have agreed to share this liability with a Stripe Connect Platform. These obligations are described in more detail in the Stripe Services Agreement.

  4. Stripe Dashboard.

    Depending on how the Stripe Connect Platform has implemented the Stripe Connect Services, you may be able to directly manage your Stripe Account through the Stripe Dashboard. If you are able to access the Stripe Dashboard, you are responsible for all actions taken on your Stripe Account through the Stripe Dashboard. If you do not have access to the Stripe Dashboard, you must contact the Stripe Connect Platform if you need support or have any questions relating to the Services, this Connected Account Agreement or the Stripe Services Agreement.

  5. Relationship to Stripe Connect Platforms.

    • 5.1 Your Data.

      (a) You instruct Stripe to (a) share any data it collects relating to you and to Activity on your Stripe Account (“Your Data”) with your Stripe Connect Platforms as necessary to provide you with the Stripe Connect Services and the Platform Services; and (b) process Your Data as described in this Connected Account Agreement and Stripe’s Privacy Policy. Your Data includes:

      • (i) data regarding your Transactions;
      • (ii) your Personal Data, and the Personal Data of your Representatives, employees, contractors and agents;
      • (iii) your Customers’ Personal Data; and
      • (iv) data regarding Activity on any Stripe Account you have enrolled with a Stripe Connect Platform.

      (b) You acknowledge that Stripe Connect Platforms may share Your Data with Stripe.

      (c) You represent as of the Effective Date and warrant to Stripe at all times during the Term that, to the extent you provide Personal Data to Stripe or instruct Stripe to collect Personal Data, you have provided all notices and obtained all rights and consents necessary to enable Stripe to lawfully collect, use, retain and disclose that Personal Data as described in this Connected Account Agreement, the Stripe Services Agreement and the Stripe Privacy Policy.

    • 5.2 Pricing and Fees.

      Stripe’s standard Fees for the Services are posted on the Stripe Pricing Page; but Stripe may have agreed to Fees with a Stripe Connect Platform that are different from these Fees. Stripe's Fees will either be disclosed to you separately or will be consolidated with the fees for the Platform Services. Stripe does not control and is not responsible for fees imposed by a Stripe Connect Platform, which should be made clear to you in your Platform Provider Agreement. At the Stripe Connect Platform’s request, Stripe may deduct from your Stripe Account balance both Stripe's Fees and the fees for Platform Services the Stripe Connect Platform specifies to Stripe.
      Merchants using Service Lightning are authorized to impose processing fees directly on customers at their discretion. These fees would be in addition to the merchant processing fees charged by Stripe.

  6. Disclaimer; Limitations on Stripe's Liability.

    Stripe is not responsible for, and disclaims all liability arising from or relating to:

    • (a) any Stripe Connect Platform’s acts or omissions in providing services to you or your customers, or for any Stripe Connect Platform’s failure to comply with the terms of your Platform Provider Agreement;
    • (b) your obligations to your Customers (including to properly describe and deliver the goods or services being sold to your Customers); or
    • (c) your compliance with Laws and obligations related to your provision of goods or services to your Customers, or receipt of charitable donations, including any obligation to provide customer service, notify and handle refunds or consumer complaints, provide receipts, register your legal entity, and other actions not related to the Services.

    This section is in addition to, and does not limit, the provisions of the Stripe Services Agreement that disclaim or limit Stripe’s liability.

  7. Other General Legal Terms.

    • 7.1 Term, Termination, and the Effects of Termination.

      • (a) The term of this Connected Account Agreement begins when you enroll your Stripe Account with a Stripe Connect Platform and continues until you or Stripe terminate this Connected Account Agreement under this Section. You may terminate this Connected Account Agreement by (a) closing your Stripe Account or (b) unenrolling your Stripe Account from all Stripe Connect Platforms. If after termination you register your Stripe Account with a Stripe Connect Platform again, this Agreement will apply starting on the date on which you register your Stripe Account with a Stripe Connect Platform again. Stripe may terminate this Connected Account Agreement at any time for any reason by notifying you.
      • (b) Terminating this Connected Account Agreement will not immediately terminate the Stripe Services Agreement. Stripe and you may only terminate the Stripe Services Agreement according to its terms. This Connected Account Agreement will automatically terminate if the Stripe Services Agreement terminates.

  8. Non-applicability.

    Stripe Connect Platforms may also use Stripe Connect to direct Stripe to send funds to Connected Accounts outside of Stripe Payments Services as described in Section 4.4 of the Stripe Connect Terms. These fund transfers are not associated with payments a Stripe Connect Platform collects on your behalf using the Stripe services. If you receive funds of this kind, you are not using the Stripe services, and this Connected Account Agreement does not apply to you. Also, you must contact the Stripe Connect Platform, not Stripe, with any questions you have about the status of these funds.

11. Termination

  • You may cancel your account at any time by providing written notice to the Company. No refunds will be provided for any Subscription Fees paid.
  • The Company reserves the right to terminate or suspend your access to the Service at any time, with or without cause, and without prior notice.

12. Data Privacy

The Company does not have specific data privacy policies or compliance requirements at this time. However, we are committed to protecting your privacy and will take reasonable measures to safeguard your data.

13. Limitation of Liability

  • To the maximum extent permitted by applicable law, Service Lightning, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or service outages, arising out of or in connection with your use of the Service.
  • The Company’s total liability to you for any claims arising out of or relating to these Terms or your use of the Service shall not exceed the amount of Subscription Fees paid by you to the Company in the twelve (12) months preceding the event giving rise to the claim.

14. Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to its conflict of law principles.

15. Amendments

The Company reserves the right to modify or update these Terms at any time. Any changes will be posted on our website, and your continued use of the Service after such changes have been posted constitutes your acceptance of the revised Terms.

16. Your Representations and Warranties

  1. You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
  2. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
  3. You have read and agree to the terms outlined in the A2 Hosting Support Policy, located at https://www.a2hosting.com/policies/#Support-Policy.
  4. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
  5. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.

17. Indemnification

  1. You agree to indemnify, defend, and hold harmless A2 Hosting and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from A2 Hosting personnel or authorize A2 Hosting personnel to conduct; (ii) any violation by you of these TOS or any of A2 Hosting’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
  2. A2 Hosting shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by A2 Hosting hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by A2 Hosting. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, A2 Hosting shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying A2 Hosting promptly in writing of the claim and giving A2 Hosting full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in A2 Hosting’s opinion is likely to occur, A2 Hosting shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.

18. Force Majeure

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.

19. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. By accepting these Terms, you and Service Lightning, LLC are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

20. Enforcement

We reserve the right to terminate or suspend your access to our services without prior notice or liability if we determine, in our sole discretion, that you have violated these Terms.

21. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.