Agreement between User and Litzapp.com

Welcome to Litzapp. The Litzapp platform (the "Platform") is owned and operated by Remote Analytics Jobs Inc. Litzapp is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Litzapp constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Litzapp is a literary marketplace platform where writers, authors, photographers, and other digital content creators can publish and sell their works in digital format at prices they set.

Privacy

Your use of Litzapp is subject to Litzapp's Privacy Policy. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices.

Electronic Communications

Visiting Litzapp or sending emails to Litzapp constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Litzapp is not responsible for third-party access to your account that results from theft or misappropriation of your account. Litzapp and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Publisher

The term "Publisher" shall refer to any user who publishes content on the platform. The Publisher shall be solely responsible for ensuring that any content published under the Publisher's account does not infringe upon any third-party rights, including but not limited to copyright, trademark, or other proprietary rights. Furthermore, the Publisher shall ensure that such content is not illegal, threatening, harmful, unauthorized, or sexually explicit in nature. The Publisher shall be fully responsible for any and all liability arising from the publication of any such content.

Content Responsibility

Litzapp shall not be held responsible for the content published on the platform by a Publisher. If a user becomes aware of content that infringes upon any third-party rights, including but not limited to copyright, trademark, or other proprietary rights, such user may report such content to legal@litzapp.com, along with evidence of the alleged infringement. Litzapp reserves the right, in its sole discretion, to determine the validity of such reports, and to take any action it deems appropriate, including but not limited to removing the allegedly infringing content from the platform and/or suspending the Publisher's account. Please note that due to the high volume of reports received by Litzapp, a prompt response may not always be possible. Litzapp will, however, make its best efforts to investigate each report and take appropriate action.

Children Under Thirteen

Litzapp does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Litzapp only with the permission of a parent or guardian.

Content Purchases

A user who purchases content ("Purchaser") shall have access to the purchased content ("Purchase") for a period of three (3) weeks, or 504 hours, whichever comes first. Litzapp, at its sole discretion, may extend the Purchaser's access to the Purchase beyond 504 hours. The decision to extend access shall be made by Litzapp and shall not be contingent upon the Publisher of the Purchase. The Publisher, however, shall retain the right to modify the content of the Purchase at any time, subject to the terms and conditions of the agreement between the Publisher and Litzapp.

Subscriptions

A user who subscribes to a Publisher's account on Litzapp ("Subscriber") shall have access to all content available on the Publisher's account without further charge until the beginning of the Subscriber’s next subscription cycle to the Publisher’s account, provided the Subscriber has successfully paid the subscription fee. The Subscriber's access to the Publisher's content shall be limited to a period of thirty (30) days from the date of subscription, after which the Subscriber may be required to renew their subscription in order to continue accessing the Publisher's content. The terms and conditions of the subscription and access to the Publisher's content shall be governed by the agreement between Litzapp and the Subscriber. The Publisher shall retain the right to modify any content published on the Publisher’s account at any time, subject to the terms and conditions of the agreement between the Publisher and Litzapp.

Content Deletion
Pursuant to the terms and conditions set forth in these Terms, the Publisher reserves the right to delete any content published within its account, regardless of the subscription status of any Subscriber. However, it should be noted that the Publisher may not have the authority to entirely delete a Purchase.

Storage Space and Fees

In accordance with the Terms provided by Litzapp, Publishers are granted the privilege of publishing up to 500 MB of content on the platform for free. In the event that a Publisher exceeds the allotted 500 MB of storage space, a fee of $5.75 per month will be incurred for the first set of 20 GB. For each subsequent set of 20 GB, an additional fee of $3.75 per month will be added to the monthly charge. The storage space available for use by the Publisher will increase incrementally in sets of 20 GB, with each additional set thereafter incurring a fee of $3.75 per month.

However, it is important to note that the cost of storage is subject to change without prior notice to the Publishers. It is, therefore, important for the Publisher to be proactive in keeping up-to-date with the latest changes in storage fees.

Advertisements

In accordance with the Terms established by the platform, Publishers have the discretion to determine the placement of advertisements within their published content. However, it is strictly prohibited for Publishers to engage in any form of self-dealing, including clicking on advertisements or attempting to manipulate the algorithm that determines payment for views of their content. Any such behavior deemed to be in violation of these terms may result in the restriction or deactivation of the Publisher's account.

Star Rating

Pursuant to the Terms set forth by Litzapp, in the event that the Platform determines that the star rating assigned to a Publisher's content is artificially inflated and not based on genuine user engagement, Litzapp reserves the right to take corrective action, which may include restriction or deactivation of the publisher's account.

Trackers

An individual who utilizes the "Track" feature on Litzapp to monitor the publishing activity of another user on the Platform shall be referred to as a "Tracker." Litzapp does not exercise control over the decisions of users to track or untrack other accounts on the platform.

Phone Number Verification

Any telephone number provided for verification of a user's account must be the property of the user. In the event that Litzapp determines that the telephone number provided does not belong to the user, the user's account may be subject to deactivation.

Content View Count

The Platform cannot provide a guarantee of the accuracy of the view count for any content published on the platform. However, Litzapp shall make reasonable efforts to ensure that the view count is as accurate as practicable, given the limitations of the platform's technology and expertise.

Cancellation/Refund Policy

Given the inherent nature of the Internet, Litzapp cannot provide any warranties regarding the uninterrupted and continuous availability and accessibility of the platform. Litzapp reserves the right to limit the availability of the platform or specific sections thereof, when necessary due to capacity constraints, server security or integrity considerations, or for the purpose of conducting maintenance activities aimed at ensuring the proper functioning of the platform.

Litzapp does not offer any refunds for purchases or subscriptions made on the Platform. Purchasers are advised to exercise due diligence and carefully consider their decision before purchasing content or subscribing to a Publisher's account.

Account Deactivation

Litzapp reserves the right to terminate any account on the platform without prior notice and without providing any explanation thereafter. In the event that Litzapp determines that a Publisher's account has published unauthorized content, the Publisher's account may be subject to deactivation.

Links to Third Party Sites/Third Party Services

Litzapp may contain links to other websites or apps ("Linked Sites"). The Linked Sites are not under the control of Litzapp and Litzapp is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Litzapp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Litzapp of the Platform or any association with its operators.

Certain services made available via Litzapp are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Litzapp domain, you hereby acknowledge and consent that Litzapp may share such information and data with any third party with whom Litzapp has a contractual relationship to provide the requested product, service or functionality on behalf of Litzapp users and customers.

Currently, the sole payment processor and payout processor (“Processor”) on the Litzapp Platform is Stripe. Stripe, Inc. is organized under the laws of Delaware, which is a technical services provider and may offer the services as an agent of one or more financial institutions in the United States (each, a “Financial Services Provider”). The processing and settlement of Transactions (“Payment Processing”) are carried out by the Processor and any of the Financial Services Providers under a separate Stripe Checkout User Terms of Service and/or Stripe Connected Account Agreement, including the United States Stripe Services Agreement and the applicable Financial Services Terms, and to the extent you use a payment and/or payout method that is subject to additional terms (collectively, the “Processor Terms”). By accepting this Agreement, you are also accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Litzapp strictly in accordance with these terms of use. As a condition of your use of the Platform, you warrant to Litzapp that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Litzapp or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. The concept of allowing users to view and read books for free while placing advertisements in between the pages is the exclusive intellectual property of Litzapp. Also, the concept of the Save Page Position functionality that allows users to access Saved Pages–via a link–only on the browser and/or device through which the page was saved, is the exclusive intellectual property of Litzapp. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit in whole or in part any of the content found on the Platform or the Litzapp platform itself. Litzapp content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Litzapp and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Litzapp or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Litzapp has no obligation to monitor the Communication Services. However, Litzapp reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Litzapp reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Litzapp reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Litzapp's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Litzapp does not control or endorse the content, messages or information found in any Communication Service and, therefore, Litzapp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Litzapp spokespersons, and their views do not necessarily reflect those of Litzapp.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Litzapp or Posted on Any Litzapp Web Page

Litzapp does not claim ownership of the materials you provide to Litzapp (including feedback and suggestions) or post, upload, input or submit to any Litzapp Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Litzapp, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Litzapp is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Litzapp's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Litzapp account to third party accounts. By connecting your Litzapp account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Litzapp from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Litzapp Content accessed through Litzapp in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Litzapp, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Litzapp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Litzapp in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Litzapp agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH the Platform MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Remote Analytics Jobs Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN the Platform AT ANY TIME.

Remote Analytics Jobs Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON the Platform FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Remote Analytics Jobs Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Remote Analytics Jobs Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF the Platform, WITH THE DELAY OR INABILITY TO USE the Platform OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH the Platform, OR OTHERWISE ARISING OUT OF THE USE OF the Platform, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Remote Analytics Jobs Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF the Platform, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING the Platform.

Termination/Access Restriction

Litzapp reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Litzapp as a result of this agreement or use of the Platform. Litzapp's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Litzapp's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Litzapp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Litzapp with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Litzapp with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Litzapp reserves the right, in its sole discretion, to change the Terms under which Litzapp is offered. The most current version of the Terms will supersede all previous versions. Litzapp encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Litzapp welcomes your questions or comments regarding the Terms:

Remote Analytics Jobs Inc.

126 Southwest 17th Road, Unit 509

Miami, Florida 33129

Email Address:

customerservices@Litzapp.com

Effective as of February 11, 2023