1. About these terms
These Terms of Use (the "Terms") form a legally binding agreement between you and Lyto ("Lyto", "we", "us"), a company registered in the Netherlands.
- Registered address: Francois Maelsonstraat 2, 2582 KC, Den Haag, Netherlands
- KvK number: 99898624
- VAT number: NL005417321B70
- Contact: lytoapp@gmail.com
By creating an account, signing in, or otherwise using the Service, you confirm that you have read these Terms, agree to be bound by them, and have authority to bind the organisation you represent.
2. The Service
The "Service" means the websites, web applications and APIs operated by Lyto, including the marketing site at lytoapp.com, the authentication service at auth.lytoapp.com, and the Lyto application suite — including, today, Workspace, Pipeline, Solve, Sum, Workstream, Tally and Pulse. We may add, change or retire individual apps over time; we will give reasonable notice of material changes.
3. Accounts and eligibility
To use the Service you must be at least 16 years old and capable of entering into a binding contract under Dutch law. You must provide accurate registration information and keep your sign-in credentials secure. You are responsible for everything that happens under your account, including the actions of anyone you invite into your workspace.
If you sign up on behalf of an organisation, you confirm you have the authority to bind that organisation, and references to "you" in these Terms include both you personally and the organisation.
4. Plans, billing and the free tier
4.1 Free tier
Lyto offers a free tier so you can try the Service. The free tier has feature and usage limits which we publish on our pricing page. We may change those limits with reasonable notice. We may also restrict or suspend a free-tier account if it is being used in a way that imposes disproportionate cost on the Service or appears intended to evade paid-tier limits (for example, by creating multiple linked accounts).
4.2 Paid plans
Paid plans are billed in advance for the term you select (monthly or annual). Fees are stated exclusive of VAT, which is added where required. Unless we agree otherwise in writing, paid plans renew automatically for the same term at the then-current price; we will email you before any price change at least 30 days in advance, giving you the opportunity to cancel.
You can cancel a paid plan at any time from your billing settings or by emailing lytoapp@gmail.com. Cancellation takes effect at the end of the then-current billing term. Fees already paid are non-refundable except where required by law.
4.3 Late or failed payments
If a charge fails, we will retry and notify you. If we are unable to collect payment within 14 days of the renewal date, we may downgrade your account to the free tier or, if free-tier access is not possible for your usage, suspend it. We will give notice before doing so.
5. Acceptable use
You agree not to use the Service to:
- Break any applicable law, including Dutch and EU law.
- Infringe anyone's intellectual property, privacy or other rights.
- Upload, store, process or send any content that is illegal, defamatory, harassing, deceptive, or pornographic.
- Send unsolicited bulk messages, phishing attempts or other abuse.
- Probe, scan, or attempt to circumvent the security of the Service, except as part of a coordinated disclosure with us.
- Reverse engineer, decompile or otherwise attempt to derive the source code of the Service, except to the extent expressly permitted by law.
- Resell, sublicense or white-label the Service without our prior written agreement.
- Use the Service to train machine-learning models that compete with ours.
We may suspend or terminate accounts that violate this section. For severe or repeated violations we may do so without notice; otherwise we will give reasonable notice and an opportunity to remedy where possible.
6. Your data and content
You retain ownership of all content and data you upload to the Service ("Customer Content"). You grant Lyto a limited, non-exclusive licence to host, process, transmit and display your Customer Content solely as needed to provide and improve the Service to you and the users you authorise.
Personal data within Customer Content is processed under our Privacy Policy and, where you are a controller and Lyto is a processor, under our standard Data Processing Agreement (available on request).
7. Our intellectual property
The Service, including the software, design, brand, documentation and content we author, is owned by Lyto and protected by intellectual property laws. We grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term of your subscription, subject to these Terms. No other rights are granted by implication.
If you give us feedback, suggestions or ideas about the Service, we may use them freely without any obligation to you.
8. Availability and changes
We aim for the Service to be available 24/7, but we do not guarantee uninterrupted access. The Service may be unavailable for planned maintenance (we will give notice where reasonably possible) or for events outside our control. We do not currently offer a contractual uptime SLA on free or standard paid plans; if your organisation needs one, contact us about an enterprise arrangement.
We may change the Service from time to time — adding, modifying or removing features. We will not make changes that, taken as a whole, materially reduce the value of the Service for a paid customer during a paid term without giving notice and a refund of the unused portion of fees on request.
9. Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or that it will meet your specific requirements. Nothing in this section limits any warranties or rights you have under Dutch consumer law that cannot lawfully be excluded.
10. Limitation of liability
To the maximum extent permitted by law:
- Lyto's total aggregate liability arising out of or in connection with these Terms is limited to the amount you have paid to Lyto in the 12 months immediately preceding the event giving rise to the liability, or, if you are on the free tier, to EUR 100.
- Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, anticipated savings, or data, even if advised of the possibility.
Nothing in this section limits liability for: (a) intent or gross negligence; (b) death or personal injury caused by negligence; (c) any other liability that cannot lawfully be limited under Dutch law.
11. Indemnification
You will indemnify and hold Lyto harmless against any third-party claim arising from your Customer Content, your use of the Service in violation of these Terms, or your breach of any law in connection with the Service. We will tell you promptly about any such claim and you will have the right to control the defence, provided you do not settle in a way that imposes obligations on Lyto without our written consent.
12. Term and termination
These Terms apply from when you first use the Service and continue until terminated.
- By you: you may close your account at any time from your settings or by emailing us.
- By us: we may terminate or suspend your access if you materially breach these Terms, if your account is inactive for an extended period, if continuing to provide the Service to you becomes unlawful, or if we discontinue the Service generally (in which case we will give reasonable notice and pro-rata refund of prepaid fees).
On termination, your right to use the Service ends. We will retain and delete your data as described in the Privacy Policy. Sections that by their nature should survive termination (including sections 6, 7, 9, 10, 11, 14) will continue to apply.
13. Changes to these Terms
We may update these Terms from time to time. For material changes, we will notify account-holders by email at least 30 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you don't agree, you may close your account before the change takes effect and we will refund any unused prepaid fees on a pro-rata basis.
14. Governing law and disputes
These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-laws principles. Any dispute arising out of or in connection with these Terms that the parties cannot resolve through good-faith discussions will be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands. This does not deprive you of any protection you have under mandatory law of the country in which you reside.
15. General
- Entire agreement: these Terms, together with the Privacy Policy and any order form or DPA we sign with you, are the entire agreement between us regarding the Service and supersede prior agreements on the same subject.
- No waiver: a failure to enforce a provision is not a waiver of it.
- Severability: if any provision is held unenforceable, the rest of the Terms remain in effect.
- Assignment: you may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of substantially all our assets.
- Notices: we will send notices to the email address on your account; please keep it current. You can send notices to us at lytoapp@gmail.com.
16. Contact
Questions about these Terms:
- Email: lytoapp@gmail.com
- Post: Lyto, Francois Maelsonstraat 2, 2582 KC, Den Haag, Netherlands