These Subscription Terms (the “Terms”) govern the use of Watchtower by Lighthouse (the “Service”), which is offered by Lighthouse Services USA, LLC, a Wyoming limited liability company with its office at 30 North Gould Street, Suite R, Sheridan, Wyoming 82801 (“Lighthouse”). The firm that subscribes to the Service (the “Subscriber”) accepts these Terms when it completes an order for the Service or first uses it, whichever happens first. The individual who completes the order confirms that he or she has authority to bind the Subscriber.
1. The Service. The Service compares the names and identifying details of the persons and entities that the Subscriber submits (the “Screened Parties”) against published government sanctions lists and against a compiled roster of holders of public office. For each Screened Party the Service issues a screening certificate, and for each month it issues a report of the screening run for the Subscriber’s account. The lists and rosters in use at any time are stated on each certificate and report.
2. What Lighthouse Attests. Each certificate and report attests to three things only: that a screening of the named Screened Party was run on the stated date, the sources against which it was run, and the result that the Service returned. Lighthouse does not certify any person or entity, does not determine whether any person is in fact sanctioned or a politically exposed person, and does not certify that the Subscriber has met any legal or regulatory obligation.
3. Limits of the Service. The Subscriber acknowledges each of the following:
4. Subscription Plans and Fees. The Subscriber selects a plan at the time of its order. The monthly fee is set by the number of Screened Parties under monthly monitoring, as follows, in United States dollars:
| Plan | Screened Parties monitored | Monthly fee |
|---|---|---|
| Starter | up to 500 | $195 |
| Firm | up to 2,000 | $395 |
| Institution | up to 10,000 | $795 |
A single screening of one name outside a plan, with a certificate, is $3 per name. A Subscriber may add Screened Parties beyond the limit of its plan only if it has authorized Lighthouse, by the setting on its account, to charge the payment card on file when it exceeds that limit. A Subscriber that has given that authorization and exceeds the limit moves to the next plan at once, and Lighthouse charges the card the difference in fees for the remainder of the current billing period. Fees do not include taxes, which the Subscriber bears.
5. Billing and Payment. Fees are charged monthly in advance to the payment card the Subscriber provides, and the Subscriber authorizes Lighthouse and its payment processor to make each charge when due. Charges are collected for Lighthouse by its affiliate, Lighthouse Processing, LLC, whose name may appear on the Subscriber’s card statement. A Subscriber may instead prepay twelve months for the price of ten. Fees are not refundable, except that a prepaid Subscriber whose account Lighthouse ends without cause receives a refund of the unused whole months. Lighthouse may suspend the Service while any fee is more than fifteen (15) days overdue.
6. Term and Cancellation. The subscription runs from month to month. Either party may end it by giving thirty (30) days’ written notice to the other. Lighthouse may change the fees or these Terms on thirty (30) days’ written notice, and a Subscriber that does not accept a change may cancel before it takes effect. Lighthouse may end the subscription immediately if the Subscriber breaches these Terms or uses the Service unlawfully.
7. Subscriber Data. The Subscriber keeps all rights in the information it submits. Lighthouse uses that information only to run the Service for the Subscriber, holds it apart from the records of every Lighthouse company’s own clients, and does not use it to solicit or to serve any Screened Party. Lighthouse deletes the Subscriber’s information ninety (90) days after the subscription ends, and earlier on written request, save for billing records and anything the law requires it to keep. The Subscriber confirms that it is entitled to submit the information and to have it screened.
8. Confidentiality and Security. Each party keeps the other’s non-public information confidential and uses it only for the purposes of these Terms. Lighthouse maintains reasonable administrative and technical safeguards for the Subscriber’s information and tells the Subscriber without undue delay if it learns of unauthorized access to that information.
9. Acceptable Use. The Subscriber uses the Service only for its own lawful compliance purposes. It does not resell the Service, give others access to it, copy or extract the lists or rosters, or attempt to reverse engineer the Service. Certificates and reports may be kept on the Subscriber’s files and shown to its regulators, auditors and professional advisers.
10. Ownership. The Service, its software, its compiled rosters and the form of its certificates and reports belong to Lighthouse and its licensors. These Terms give the Subscriber a right to use the Service during the subscription and nothing more.
11. Disclaimer. Except as stated in Section 2, the Service is provided as it stands. Lighthouse gives no warranty that the Service is free of error or interruption, that any list or roster is complete or current, or that the Service will identify every sanctioned person or holder of public office. All implied warranties are excluded to the fullest extent the law allows.
12. Limit of Liability. Lighthouse’s total liability to the Subscriber arising from the Service or these Terms, on any basis, is limited to the fees the Subscriber paid for the Service in the twelve (12) months before the claim arose. Lighthouse is not liable for any regulatory fine or penalty imposed on the Subscriber, for loss of profit or business, or for any indirect or consequential loss. Nothing in these Terms limits liability that the law does not permit to be limited.
13. Indemnity. The Subscriber indemnifies Lighthouse against any claim by a Screened Party or other third party that arises from the information the Subscriber submitted or from a decision the Subscriber made in reliance on a result.
14. Notices. Notices to Lighthouse go by email to support@watchtowerkyc.com and by post to Lighthouse Services USA, LLC, 30 North Gould Street, Suite R, Sheridan, Wyoming 82801. Notices to the Subscriber go to the email address on its account. A notice by email is given on the business day after it is sent.
15. Governing Law and Courts. These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules. The state and federal courts sitting in Sheridan County, Wyoming have exclusive jurisdiction over any dispute, and each party submits to them.
16. General. These Terms and the Subscriber’s order are the whole agreement about the Service. The Subscriber may not assign them without Lighthouse’s written consent. If a provision is unenforceable, the rest remain in force. A failure to enforce a right is not a waiver of it. Acceptance by electronic means has the same effect as a signature.