TERMS & CONDITIONS

Our services are broad and may need additional requirements such as legal age to access products and enter into an agreement in order to accept the agreement. If customers do not agree to the service-specific terms and conditions, they are suggested to avoid using corresponding services.

We, at Lystnow, provide multiple software each with unique purposes for businesses, including those associated with offline, web, and mobile applications. Customers may use our services for personal and business use, or, for internal business purposes that they represent only after abiding by the laws and regulations. Customers may connect to an internet browser supported by the services and they’re solely responsible for obtaining access to the internet. 

Using our service doesn’t give customers authority or ownership of any intellectual property rights within our services. In any circumstances, customers are not encouraged to remove, alter, or obscure any legal notices that may be displayed in or along with the services and perform unethical activities or violate any of our policies.

When Lystnow Services requires or includes multiple downloadable software (such as Lystloc, Lystface, Lystdata, and Lystproof), this software may automatically update on customers' devices once a new version or feature is available. Some Services may allow customers to adjust their automatic update settings. 

Lystnow grants customers a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use its respective software as part of the Services. This license is solely for enabling customers to use and enjoy the benefits of the Services as provided by Lystnow, in the manner permitted by these terms. 

Customers are prohibited from copying, modifying, distributing, selling, or leasing any part of Lystnow Services or the included software. Furthermore, customers may not reverse engineer or attempt to extract the source code of the software, unless such restrictions are prohibited by law or customers have received our written permission. 

As open-source software is important to us, some software used in Lystnow Services may be offered under an open-source license that we will provide to you. Provisions in the open-source license may expressly override some of these terms.

Lystnow Services integrates with numerous Third-Party Applications. Accessing and using these Third-Party Applications may require you to accept the terms of service and privacy policies specific to those applications (hereinafter referred to as "Third Party Terms"). Before using any Third-Party Applications, customers are required to read and fully understand the Third Party Terms. Customers acknowledge and agree that Lystnow and its services are not liable for any Third-Party Applications or their respective terms. 

While we will endeavor to provide you with advance notice whenever reasonably possible, you acknowledge and agree that Lystnow may, at any time and at our sole discretion, and without any prior notice, suspend, restrict, or disable access to or remove any Third-Party Application from Lystnow Services, without any liability to you. This includes but is not limited to, any loss of profits, revenue, data, goodwill, or other intangible losses.

At Lystnow, most of our services allow you to upload, submit, store, receive, edit, send, and transmit the content and you retain ownership of any intellectual property rights in that content. By uploading, submitting, storing, receiving, editing, sending, and transmitting content to or through our services, customers grant permission to Lystnow (and our channel partners) a worldwide license to use, host, store, reproduce, modify, create derivative works (including translations, adaptations, or other changes we make so that your content works better with our services), communicate, publish, publicly perform, display, and distribute.

Some of our services may offer customers to access and remove content that has been provided to our service. Also, in some of our services, some terms or settings are available to narrow down the scope of our use of the content submitted in those services. We desire assurance from the customers' end that they have the necessary rights to grant us this license for any content that they submit to our services. Our automated systems analyze customer content (including emails) to provide personalized product features, such as customized search results, tailored advertising, and spam and malware detection when the content is sent, received, and stored. 

Further, by making any content available in the manner aforementioned, customers expressly agree that Lystnow will have the right to block access to or remove such content made available by them if Lystnow receives complaints concerning any illegality or infringement of third-party rights in such content

Customers solely agree that we can use our customers’ business name, logo, and other associated marks on its website on any or all of our Lystow Services for any lawful marketing or promotional purposes to showcase customer advocacy. Customers understand and participate in case studies and marketing surveys under Lystnow Sevices. Their participation will be subjected to their consensual approval, including sharing their experience over comments and testimonials as and while required to enhance our services.

Customers need to sign up and create a user account by providing all required information to access our services. They agree to provide and maintain true, accurate, updated, and complete information about themselves at the time of the signup process.

By any chance, if the provided information is false, inaccurate, outdated, and incomplete, Lystnow may take action to terminate the user account and refuse current or future use of a single or all services.

Customers’ accounts payable (Payment for corresponding services) are set forth in the applicable website. Mode of payment is acceptable through credit cards, debit cards, mobile payments, electronic bank transfers, and cheques. The mode of payment can be varied and specified for any or all of our services. Customers agree to pay our associated services or our authorized representatives for the subscription due, including any applicable subscription and renewal fees. 

Unless specifically stated otherwise, the customer's subscription to our services will automatically renew under the terms of renewal for a Subscription Term. During the Subscription Term, customers can increase or decrease their user count but are not allowed to downgrade their Service Plan. 

Lystnow has the right to change the price of any and all services or charge for the use of services that may be available free currently. Any increase in charge of service will not affect the current billing cycle until it gets expired within the specified time. Unless the customers opt for a paid subscription plan, the customers are not charged for using any kind of service. 

Lystnow has sole discretion to change or modify any discount validity or seasonal offers in the subscription module with or without prior information.

Lystnow reserves the right to invoice the customers and customers agree to pay for any direct or indirect taxes such as GST, VAT, sales tax, or any chargeable amount as per local, state, provincial, or foreign laws or tax regimes.

In case of undisputed fees more than 10 days or overdue, Lystnow may suspend the customer’s access to its corresponding products’ subscription, access, and account until the unpaid fees are paid in full.

Lystnow will not exercise its rights under late payments if the concerned customer has in reasonably good faith and is diligently cooperating to resolve the issue to his best knowledge. Regardless of any clauses that would restrict remedies due to a dispute, both parties may pursue any remedies under this agreement, at law or in equity, if problems are not resolved within 15 business days. 

Customers may procure the use of any software, services, or mobile apps from our authorized channel partners. In this event, customers’ use of any software, services, or mobile apps, their payable and their suspension will be subject to this agreement only.

Service Plans will automatically renew for a period equal to the previous Subscription Term at the same number of users and at the same Service Plan (including any add-ons) unless a party gives written notice of non-renewal or downgrade thirty (30) days prior to the expiration of the relevant Subscription Term. The customer agrees to pay the relevant subscription plan charge under the authorization of Lystnow services if he fails to notify us that he doesn't want to renew. 

All Lystnow services operate under a strict no-refund policy. Customers agree to use our services for the duration of their current subscription period after subscribing to our single or multiple services. If a customer wants to terminate his current subscription plan, he will not be eligible for a monetary refund or reimbursement. 

However, Lystnow gives customers the choice to get reimbursed for any unused portion of their subscription with its single or multiple services. These credits can be applied to a future service reactivation. The credits are applied when the consumer wishes to resume their subscription and have no expiration date. The credits may be non-applicable for some or all of our services from time to time. Lystnow has sole discretion to change or modify any credit facility with or without prior information.

We encourage our customers to be cautious, carefully consider the subscription plans, and evaluate their requirements before making their purchases and commitments to avoid disputes or confrontations.

In case of user termination or cancellation earlier, once the services are provided, Lystnow may ask customers to pay applicable charges under the service plan. Customers must notify Lystnow in writing of any such early termination or cancellation with sufficient notice before the 30-day mark.

Lystnow reserves the right to refuse access to any services if a user account is terminated, and it may also delete the entire information stored in that account (such as account ID, password, email, and other data). 

Lystnow unequivocally asserts its exclusive ownership and proprietary rights over any and all code customizations performed on behalf of customers using its Software as a Service (SaaS) products. By utilizing Lystnow's code customization services, the customer explicitly acknowledges and agrees that any modifications, enhancements, or alterations to the software codebase, referred to as the "Custom Code," are the sole and exclusive property of Lystnow.

Customers shall have no claim, right, or interest, including but not limited to intellectual property rights, in the Custom Code. They are expressly prohibited from reproducing, distributing, or disclosing such Custom Code without the explicit written consent of Lystnow services.

Lystnow is committed to maintaining the confidentiality and security of customer-specific Custom Code, ensuring that it is not shared, disseminated, or disclosed to any third party. This Code Customization Ownership Clause is an integral part of Lystnow's Terms and Conditions. 

By availing themselves of Lystnow's SaaS products and associated services, customers are bound by the terms outlined herein. In witness whereof, the parties acknowledge and accept the terms of this Code Customization Ownership Clause as of the effective date of the engagement.

Under this agreement, customer data is regarded as confidential information. The customer and its licensors retain the right to protect the customer’s confidential information provided under this agreement, while Lystnow reserves no rights except those expressly granted in this agreement and the privacy notice. Clients understand that the services are offered as hosted online solutions and cannot be duplicated, with the possible exception of any downloadable object code format. 

Lystnow upholds the user's privacy policy in accordance with the provided privacy information. Customers are responsible for maintaining the confidentiality of their information, including usernames, passwords, and other sensitive data. They are fully accountable for maintaining their accounts, and in the event of any unauthorized access to their account, customers must inform us immediately by emailing (email address). 

Lystnow will not be liable for any loss or damage incurred by you or any third party as a result of unauthorized access and/or use of your user account or otherwise.

Customers acknowledge that all text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and custom code (collectively referred to as “Content”), including but not limited to the "look and feel," layout, design, structure, color scheme, selection, combination, and arrangement of the Content on the Websites, are owned by or licensed to us. This Content is protected by copyright, trademark, trade dress, and various other intellectual property and unfair competition laws.

Except with our express prior written permission or as permitted by applicable laws, customers shall not copy, distribute, reproduce, publicly display, publicly perform, translate, create derivative works of, republish, or transmit the Websites or Content (in whole or in part) in any manner or through any medium for distribution, publication, or any commercial purpose.

Customers also agree that no whitelisting or exclusivity will be granted to any customer regarding some or all Lystnow Services. All customers are subjected to the same terms and conditions, ensuring equal access and usage rights to Lystnow Services.

The personal information you provide to Lystnow through the Service is governed by the Lystnow Privacy Policy. By choosing to use the Service, you indicate your acceptance of the terms outlined in the Lystnow Privacy Policy. Lystnow privacy policies reflect how we treat your personal data and what we do to protect your privacy rights within our services. By using our services, you agree upon access to such data by Lystnow product suite. 

We follow the procedure outlined in the U.S. Digital Millennium Copyright Act when responding to complaints of suspected copyright infringement and deactivating the accounts of repeat violators. We provide information to help copyright holders manage their intellectual property online. In our Help Centre, customers will find details about how to file notices and Lystnow's policy regarding notice response in the event that they believe someone is infringing their copyrights and would like to alert us.

If customers are using any or all of Lystnow Services on behalf of a business, that business must accept these terms unconditionally. It will hold harmless and indemnify Lystnow and its affiliates, officers, agents, and employees from any claims, suits, or actions arising from or related to the use of the Services or the violation of these terms, including any liability or expense resulting from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

The customers agree that Lystnow and its distributors shall, in no circumstances, be responsible for lost profits, revenue, data, and financial losses, or, any incidental, consequential, indirect, other, or punitive damages. The liability of Lystnow, its entire services, its distributors, and its suppliers under these terms, including implicit warranties, to the extent permissible by law, is limited to the amount that you paid to use the services (or if we choose to resupply you with the services). Under no circumstances will Lystnow, its  affiliates, officers, agents, distributors, suppliers, or employees be liable for any loss or harm that was not reasonably foreseeable. 

At Lystnow, we provide all services by using commercially reasonable skills and care to help scale businesses. However, customers understand and agree that the use of the services is at their sole risk. The services are offered just as they are, as available. 

Lystnow does not provide a warranty that the service will function uninterruptedly, on time, securely, or, without error. Use of any material downloaded or obtained through the use of the services shall be at the customers' own discretion and risk.

Customers agree to defend, indemnify, and hold harmless Lystnow, its directors, employees, partners, and affiliates from and against any claims that they have used the Services in disregard of another party's rights, against the law, in violation of any provision of the Agreement, or connection with any other claim relating to the use of the services, unless Lystnow has authorized such use.

From time to time, we may modify this agreement in order to constantly improve our products, features, and services. Unless otherwise specified by Lystnow, changes become effective for the users after the updated version goes into effect. 

Customers may terminate our services if the agreement substantially affects their rights by using our services. We may discontinue a service with the customer, where reasonably possible. In the event of such termination, customers will be entitled to advance notice and a chance to get reasonable information about the termination.

At Lystnow, we may modify these terms or any additional terms that apply to our any or all our Services to reflect changes in the law or updates to our products, features, and services. Customers are required to review the updated terms regularly or periodically. 

We will post notices of modifications to these terms or additional terms in the applicable Service on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after being posted. On the other hand, modifications made for legal reasons or to address new features of a service will take effect right away. 

Customers should discontinue using the relevant services immediately if they disagree with the additional or updated terms. If there is a conflict between these terms and the updated or additional terms, the updated or additional terms will take control of that conflict. These agreements govern how Lystnow Services and its customers interact. These agreements do not create any third-party beneficiary rights. 

If customers do not comply with these terms and we do not take action immediately, this does not mean we are waiving any rights that we may have (such as taking action in the future). It will not impact any other terms if it turns out that a certain term is unenforceable.