Terms of Service
These terms of service (the “Terms”) are entered into between you and Lightyear AI, Inc. (“Lightyear”) and represent a legal agreement between you and Lightyear. These Terms, together with any documents they expressly incorporate by reference, including the Privacy Policy, govern your and your organization’s access to and use of all of the following (collectively, the ”Services”):
(1) the website [https://lightyear.ai] and all of its corresponding web pages and web applications (the “Site“);
(2) any services or applications offered by Lightyear (but not by third parties) in connection with the Site; and
(3) any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Site (the “Lightyear Information“).
By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms without any modification or reservation whatsoever. If you do not wish to be bound by these Terms, your only option is not to use or access the Site. If you are accessing these Services on behalf of a company, a vendor or other commercial enterprise (“Commercial Principal”), you are agreeing on behalf of the Commercial Principal that the Commercial Principal will be bound by these terms and are certifying that you have the authority to bind the Commercial Principal. If the Commercial Principal does not agree to all or any of these Terms, or if you do not have the authority to bind the Commercial Principal to these Terms, do not select the “Accept” box when prompted.
If you are an employee of or are accessing the Services or the Site on behalf of a Commercial Principal, please note that Lightyear may have entered into a separate service and/or subscription agreement with your Commercial Principal (“Service Agreement”). If Lightyear has entered into a Service Agreement with your Commercial Principal, you may be subject to additional terms, conditions, obligations, representations and/or warranties made under the Service Agreement. Please refer to the Service Agreement entered between the Commercial Principal and Lightyear to get an accurate understanding of your rights, obligations, and terms of service before using this Site and/or Services.
Lightyear reserves the right, in its sole discretion, without any obligation and without any notice requirement, to modify or revise these Terms. You are responsible for checking these Terms from time to time. Your continued use of the Services constitutes your acceptance of the new Terms. These Terms control the relationship between Lightyear and you. They do not create any third party beneficiary rights. Lightyear also reserves the right to suspend and/or deny access to the Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
Use of services
You acknowledge that Lightyear is not an IT or network services provider and does not represent or speak on behalf of any IT or network services provider. Lightyear is an online marketplace and product recommendation service, and the data provided is for informational purposes only. The Services are in no way a substitute for your own due diligence, and Lightyear does not guarantee the accuracy or correctness of the information provided. Lightyear does not guarantee that any service price displayed on the platform is the best possible price by which such a service could be offered, but it does its best to ensure that the best available prices are displayed.
In order to access or use the Services, you may be required to provide current and accurate identification, a username, password and other information. When registering to access or use the Services, you warrant that you are an authorized representative of your organization, and have authority to make decisions and legally bind your organization to adhere to these Terms. You also agree to correctly and truthfully identify yourself and/or your organization (e.g. broker, consultant, buyer, vendor) when registering to use the Services.
You are responsible for maintaining the accuracy and completeness of this information and for maintaining the confidentiality of your login information required to use the Services. You will be fully responsible for all activities that occur under your account with Lightyear, including activities of others to whom you have provided your username or password. Please notify Lightyear immediately of any unauthorized use of your account or any other breach of security.
Certain Services are provided to you free-of-charge. Other Services offered in the future may require payment before you can access them. The type of Services available to you depends on the type of service plan that you or your Commercial Principal have selected. Therefore, certain functionalities of the Site and/or certain Services may not be accessible by or available to you. These additional functions and services may be available to you at an additional cost.
Age and jurisdiction
You must be at least 18 years of age to use the Services, with or without registering. This Site and Services are offered and available to users who are eighteen (18) years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Lightyear. If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Site at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence. If you are not eighteen (18) years of age or older, or do not agree to be bound by the laws of the United States, you must not access or use the Site or any of the Services offered.
Third party services
The Services may provide you with an opportunity to engage with third party services, provide you with information pertaining to third party services or provide you with links to third party services (“Third Party Services”) offered or made available by third party suppliers (“Third Party Organizations”). Such Third Party Organizations are not related to, associated with or affiliated with Lightyear, and Lightyear has no involvement in providing the Third Party Services to you. Lightyear merely acts as a conduit to allow you to identify such third party suppliers and service providers.
Lightyear is neither responsible nor liable for any activities you engage in with or any communications you have with such Third Party Organizations, even if you identify such Third Party Organizations on or through the use of the Services or communicate with them through the use of the Services. These Terms do not apply to any Third Party Services and these Terms do not govern the practices of such Third Party Organization. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party Organization websites or services including any applicable end user license agreements.
No selections you make on the Site (e.g., IT managed services, broadband access services) are binding on any Third Party Organization unless you enter into a separate agreement with the Third Party Organization for your desired Third Party Services. Your use of Third Party Services is subject to an independent agreement with the applicable Third Party Organization providing such Third Party Services and is not governed by these Terms. Please read carefully all agreements, order forms and commitments you enter into with Third Party Organization for Third Party Services, and you agree that all such agreements, order forms and commitments are your sole responsibility.
Please be aware that Third Party Organizations provide their information to Lightyear voluntarily. Certain Third Party Organizations who are IT or network service providers may upload documents and information dealing with their pricing and service levels. Lightyear has no control over such information and resources provided and Lightyear is not responsible for nor does it provide any guarantee, warranty or recommendation to such Third Party Services and/or Third Party Organization. Lightyear does not verify whether any such information provided on the Site about the Third Party Organization or Third Party Services is correct or up to date. You acknowledge that the Site may contain out of date or incorrect information about the Third Party Organization or the Third Party Services. It is your sole responsibility to obtain updated, complete and accurate information, including information about service levels, final pricing and quotes, about the Third Party Organization and the Third Party Services before you engage any such Third Party Organization or enter into any contract with them. Lightyear will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, information, events, goods or services available by or through such Third Party Organization.
License
If you are eligible to use the Services, Lightyear grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely under the terms and conditions provided hereunder. Any use of the Services other than as authorized by these Terms is strictly prohibited and will terminate the license granted herein. The technology and software underlying the Services is the property of Lightyear and/or its licensors (the “Software”). Lightyear reserves all right, title and interest in and to the Software, except for the limited rights expressly granted in these Terms.
Proprietary Rights
Lightyear and/or its licensors own the Site and the Services, including all software and other technology provided or employed by Lightyear in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Services, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. Lightyear does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services, as set forth herein and subject to these Terms.
The Site may contain also contain intellectual property of Third Party Organizations, including service marks and trademarks. Your use of this Site or the Services does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.
All rights not expressly granted herein are reserved by Lightyear. Your use of this Site does not grant you ownership rights of any kind in the Site or Services.
User conduct
In using the Services, you agree (i) not to send to Lightyear or upload onto or through the Site any information unless you have consent to do so; and (ii) that you will not:
violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, “Laws“) as a result of your use of the Site;
make any information available to Lightyear if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
transmit any information, data, images, or other materials or post any content on the Site that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
provide any false personal information on Lightyear, or create an account for anyone other than yourself without permission;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
violate or attempt to violate the security of any of the Services, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Site or any network used by the Site or to breach security, encryption or other authentication measures or attempting to any of the foregoing; or interfering with the Site by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
share your password, permit, authorize or enable anyone else to access your account, or do anything else that could reasonably be expected to jeopardize the security of your account;
reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Services;
“scrape” Lightyear Information from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than through use of the search engine and search agents available from Lightyear on the Site and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer, and others); or
harvest or collect Lightyear Information, email addresses or other contact information of other users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
Additional restrictions / obligations
You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any Lightyear Information.
You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Lightyear Information.
You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Site and when communicating with Third Party Organizations; and (ii) maintain and update this information to keep it true, accurate, current, and complete.
You shall abide by all copyright notices or restrictions contained in any content accessed through the Site.
You may not under any circumstances publish, copy, distribute, share with third parties or make public in any form any information regarding the Third Party Services or Third Party Organizations, including pricing information, location of the third party supplier or its facilities, availability of Third Party Services or service levels, no matter how obtained (whether through the Services or directly from the Third Party Organizations).
You agree to hold any Confidential Information (as defined below) you obtain as a result of using this Site in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the business activities for which you were given access to the Confidential Information. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by you, your employees, your employer or agents in violation of these Terms. For purposes of these Terms, “Confidential Information” means any and all proprietary information labeled as “confidential” or which a reasonable person would know constitutes proprietary or sensitive information, including but not limited to, communications between you and another user, pricing information, business plans, financial reports, customer lists and other customer information, descriptions of colocation centers, and marketing plans.
You agree that aspects of this Site, including the specific information regarding business needs of a customer and pricing information of a vendor constitute trade secrets of the person providing such information, and shall implement reasonable security measures to protect such trade secrets
Submissions
All remarks, suggestions, ideas, graphics, or other information (“Submissions”) communicated to Lightyear through this Site will forever be the property of Lightyear. You are solely responsible for the content of any Submission you make you make on this Site or to any Third Party Organization through the Site. Unless otherwise specified in writing, all Submissions made through or on the Site will be presumed to be public and Lightyear will not be required to treat the information as confidential. The content of Submissions is not pre-screened. Accordingly, users who access Submissions publically available do so at their own risk, especially with respect to offensive, incorrect, and otherwise unacceptable material. Notwithstanding the foregoing, Lightyear reserves the right, but does not assume any obligation, to delete Submissions that Lightyear, in its sole discretion, deems abusive, defamatory, obscene, in violation of any Laws, or otherwise unacceptable.
Your Indemnity Obligations
You hereby indemnify, and agree to defend and hold Lightyear and each Third Party Organization with whom you engage on, through or as a result of your use of the Services, and each of their respective affiliates, as well as each such party’s respective officers, directors, shareholders, employees and representatives harmless from and against any claims, losses, costs, expenses or damages, including reasonable legal fees, arising out of or relating to the Services, your use of and access to the Site or the Services, your violation of any rights of another, or resulting from your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Termination
You agree that Lightyear, in its sole discretion, may suspend or terminate your account (or any part thereof), your access to the Site or use of the Services and remove and discard any content within the Services, for any reason. If Lightyear suspects fraudulent, abusive or illegal activity, Lightyear may refer content or accounts to law enforcement authorities. Lightyear will not be liable to you or any third-party for any termination of your access to the Services.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ALL THE MATERIALS, INFORMATION, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIGHTYEAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIGHTYEAR DOES NOT WARRANT THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIGHTYEAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITE OR ANY WEBSITES LINKED TO THIS SITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. LIGHTYEAR MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. LIGHTYEAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
LIGHTYEAR’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND MAY NOT EXCEED THE FEES YOU HAVE PAID LIGHTYEAR FOR USE OF THE SERVICE. IN NO EVENT SHALL LIGHTYEAR, ITS AFFILIATES, OR EITHER’S RESPECTIVE DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY LIGHTYEAR. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Privacy
Your use of the Services is subject to Lightyear’s Privacy Policy at https://lightyear.ai/privacy-policy, the provisions of which are incorporated herein by this reference. By using the Services, you acknowledge and consent to be bound by the terms of Lightyear’s Privacy Policy, including Lightyear’s collection, use and disclosure of your personal information.
Google Maps and Google Geolocation
This Site uses Google Maps and Google Maps Geolocation APIs under license from Google Inc. By using Google Maps and Google Maps Geolocation while accessing the Services, you agree to be bound by Google’s Terms of Service available at https://www.google.com/intl/en/policies/terms/.
Change in control
In the event of a change of control of Lightyear or the sale of substantially all of Lightyear assets or other corporate event, all rights of Lightyear hereunder shall be transferable without notice to you.
Governing Law & Jurisdiction
These Terms shall be governed by, construed and enforced in accordance with the laws of the United States of America and the laws of the State of New York. You hereby consent and submit to the exclusive jurisdiction of the courts of the County of New York, State of New York for any action however so arising out of these Terms.
The Terms constitute the entire agreement between you and Lightyear and govern your use of the Services, superseding any prior agreements between you and Lightyear with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. To the extent that there is any irreconcilable conflict between the Service Agreement entered into between Lightyear and your Commercial Principal and these Terms, the Service Agreement shall prevail.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Referral Program
By participating in Lightyear’s Referral Program (the “Program”), you (“You” or “Referrer”) may utilize a unique referral link or code provided to you by Lightyear to refer another person, not from the same organization or of relation to you (“Referred Person”), in order to get a monetary or other referral reward (“Referral Reward”). Subject to these Terms and Conditions (“Terms”), when your Referred Person submits a IT or networking project through the Lightyear Marketplace, a service provider begins billing customer for said IT or networking project, and Lightyear begins collecting referral commissions related to said project, you will be eligible to receive a Referral Reward. A Lightyear team member will contact you within two (2) business weeks from the time the Referred Person’s project enters contract with a service provider. You cannot refer yourself to earn a Referral Reward and projects submitted by Referred Persons who share your email address, company name and/or manage the same IT stack will not qualify for a Referral Reward. When sharing contact information, you agree that you will always tell your Referred Persons that you will receive a Referral Reward from Lightyear if they submit a qualified IT or networking project through Lightyear’s marketplace.
LIMITS ON USE OF REFERRAL AND REWARD CODES
The Referrer has one (1) calendar year to redeem their reward.
NO SPAM OR POSTING OF REFERRAL
You should only share the contact information of your personal connections. You may not post or promote to your desire to earn a Reward on online forums, coupon sites or other websites with the intentions to collude against Lightyear, by splitting the rewards with ill-gotten Referred Customers, as determined by Lightyear in its sole discretion. You must also comply with all laws governing the transmission of email or other electronic communications. Lightyear reserves the right to deactivate any referral accounts and to revoke all related Referral Rewards.
RIGHT TO REVOKE REWARDS
Lightyear reserves the right to revoke rewards or ban future participation in the Program if Lightyear suspects that you (or any Referred Customer you refer to Lightyear) has used or attempted to use the Program in a fraudulent or abusive manner or in violation of these Terms or applicable law.
RIGHT TO CANCEL REWARD PROGRAM AND CHANGE TERMS
This Referral Program and these Terms are subject to modification or termination at any time without notice in our sole discretion. If we terminate the Program, all unused Referral Rewards will be revoked and forfeited at that time.
Contract Management Incentive Program
By participating in Lightyear’s Contract Management Incentive Program (the “Contract Management Program”), you may upload eligible business IT service contracts to the Lightyear platform so that Lightyear can perform a complimentary pricing analysis on said contracts prior to contract expiration. Subject to these Terms and Conditions (“Terms”), when it is verified by a Lightyear team member that the contracts you’ve uploaded meet the criteria outlined below, you will be eligible to receive a Contract Upload Reward. A Lightyear team member will contact you within two (2) business weeks from the time that your contracts are deemed valid and eligible. Contracts submitted by persons who share your email address, company name and/or manage the same IT stack will not qualify for a Contract Upload Reward. When sharing contact information, you agree that you have notified relevant decision makers at your company that you will receive a Contract Upload Reward for your sharing of service contract details with Lightyear.
CONTRACT ELIGIBILITY
A contract for service will be deemed valid and eligible if it meets the following criteria: (1) it relates to business (not residential) service, (2) it is for internet service (dedicated, shared, dark fiber), voice service (analog, VoIP, or UCaaS), colocation, or wide area networking service (SD-WAN, MPLS, P2P), (3) the contract's monthly service pricing is greater than $200 per month, (4) the contract relates to active service, (5) contract details including services purchased, service provider, address(es), price, and customer name are visible on said contract. Lightyear reserves the right to amend these contract eligibility terms at any time for any reason. Single contracts for multiple locations will be eligible for one Contract Upload Reward per eligible location.
CONTRACT PRIVACY AND PRICING ANALYSIS
Contracts uploaded to the Lightyear platform will not be shared outside the platform for any reason. Data provided will be ONLY utilized for comparison to other alternative prices of similar products. By uploading a contract to the Lightyear platform, you grant Lightyear the license to utilize your contract details for a complimentary pricing analysis prior to your contract’s expiration date. In said pricing analysis, Lightyear is not offering legal, financial, or accounting advice and is merely aiming to offer its recommendation for telecommunications and / or IT services based on its own market knowledge.
LIMITS ON USE OF REWARD CODES
The reward recipient has one (1) calendar year to redeem their reward.
RIGHT TO REVOKE REWARDS
Lightyear reserves the right to revoke rewards or ban future participation in the Program if Lightyear suspects that you (or any Referred Customer you refer to Lightyear) has used or attempted to use the Contract Management Program in a fraudulent or abusive manner or in violation of these Terms or applicable law.
RIGHT TO CANCEL REWARD PROGRAM AND CHANGE TERMS
This Contract Management Program and these Terms are subject to modification or termination at any time without notice in our sole discretion. If we terminate the Program, all unused Contract Upload Rewards will be revoked and forfeited at that time.