Leadb Terms of Service
These terms were last updated on July 1, 2018
1. Acceptance of Terms
a. Leadb provides Services (defined below) to you subject to this Terms of Service (TOS) agreement. By clicking or tapping any button or box marked "Accept", "Agree" or "OK" (or a similar term) in connection with this TOS, or by accessing or using the Service, or our site https://www.leadb.co ("Site"), you acknowledge that you have read, understood, and agree to be bound by this TOS and affirm that you are over the age of 18. If you're entering into this TOS on behalf of a business or other legal entity, you represent that you have the authority to bind the entity and its affiliates to this TOS, in which case the terms 'you' or 'your' shall refer to the entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. You acknowledge that this TOS forms a binding contract between you and Leadb, even though it is electronic and is not physically signed, and that it governs without limitation your use of and access to the Service.
b. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Subject to the foregoing provision of this Section 1(b), you are bound by all such changes effective on the effective date of the change, and if any change to this TOS is not acceptable to you, your only remedy is to terminate services in accordance with Section 8.
c. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.
2. Description of Service
The "Service" includes (a) the website, (b) Application Program Interfaces and related materials (the "API" or "APIs"), (c) Browser-based add-ons, extensions or plug-ins. Any new features added to or augmenting the Service are also subject to this TOS. All paid plans executed through self-service on the Site and/or separately executed Order Forms ("Order Form") fall under this TOS unless you have entered into a separately signed Master Subscription Agreement with Leadb (each a "Subscription").
3. Your Leadb Account
If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Leadb of any unauthorized uses of your account or any other breaches of security. Leadb will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account.
4. Payment & Renewal
a. Optional paid services, such as extra capacity, are available on the Services (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Leadb the monthly or annual subscription fees indicated for that service (additional payment terms are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
b. Unless you notify Leadb before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Settings section of your account's dashboard.
5. Subscription Cancellation
You can cancel your subscription at time you want. It is very simple write us at firstname.lastname@example.org to cancel your subscription. We offer refunds case by case. We do not offer refunds for the payments that are already processed and credits are used. Even after cancellation, the credits and paid features will be still available to use till the end of current billing cycle
Leadb can terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Leadb account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a paid Leadb account, such account can only be terminated by Leadb if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Leadb's notice to you thereof; provided that, Leadb can terminate the Services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties
The Services is provided "as is". Leadb and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Leadb nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
8. Limitation of Liability
In no event will Leadb, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Leadb under this agreement during the twelve (12) month period prior to the cause of action. Leadb shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty
You agree to indemnify and hold harmless Leadb, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
Leadb may assign or transfer this TOS, in whole or in part, without consent or other restriction. You may not assign this TOS without the prior written consent of Leadb. Any attempted assignment other than as permitted in this Section will be null and void.
As a user, you give Leadb a perpetual world-wide license to use your company's assets and logos, unless Leadb agrees in writing otherwise. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the homepage.
13. Use License
Under this license you may not:
1. Attempt to decompile or reverse engineer any software contained on Leadb's web site or API.
2. Access the Site or Services in order to build a similar or competitive service (However, custom licenses are available to resellers. Contact us to know more).
3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Leadb at any time.