Leansite Terms of Service

Terms and Conditions For use of Leansite Date: 1 September 2015

  1. General terms

These terms and conditions ("Terms of Service") regulate the account holder´s (“User”, „Customer”) use of the Leansite software application („Leansite” or “Service”) and LeanSite OÜ („Company”) website atwww.leansiteapp.com(„Website”) and any other related software and services provided by LeanSite OÜ to the Customer on its website and via apps.

By registering for a user account the Customer accepts following terms and conditions.

Company reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the termination of Customer account.

  1. Account terms

When signing up for the Service a personal user account (“Account”) is created. Through the user account, the User can log in to the Service and administer subscriptions to the Service.

When the User signs up, the user's email address acts as their user ID and the user shall select a password. The User is responsible for keeping the login details in a secure manner so that unauthorized people cannot access them. If the user suspects that an unauthorized person has gained access to the login details or the user account, the user shall immediately change their password. The Company cannot and will not be liable for any loss or damage from User failure to comply with this security obligation.

Certain sections of this Website may require User to register. If registration is requested, User agrees to provide accurate and complete registration information. It is Users responsibility to inform Leansite of any changes to that information. User understands that by registering with this Website, User may receive regular updates regarding new or existing Leansite applications. User may request to unsubscribe by following the directions in such updates and Leansite will permanently remove User from Leansite´s registered list of subscribers.

User is responsible for all content posted and activity that occurs under User account (even when content is posted by others who have their own logins under User account).

User may not use the Service for any illegal purpose or to violate any laws in jurisdiction (including but not limited to copyright laws).

User must provide legal full name, a valid email address, and any other information requested in order to complete the signup process.

User login may only be used by one person – a single login shared by multiple people is not permitted. User may create separate logins for as many people as user would like.

User must be a human. Accounts registered by “bots” or other automated methods are not permitted.

  1. The Service

The Service is described on Website. Company reserves the right to further develop the Service's scope, design and functionality.

Company reserves the right to discontinue providing the Service at any time. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

The Customer can at any time unsubscribe from the Service. The Customer is not entitled to any reimbursement of paid subscription fees.

The Company shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the Service.

  1. Price, payment, refunds, upgrading and downgrading terms

Company publishes the current price list on Website. Company reserves the right to change the price for the service at any time. Price changes will take effect thir ty (30) days after Company announces such a change. The change will take effect at the next payment date for Customers who have a valid subscription.

By purchasing a subscription to the Service, the Customer accepts that their registered credit card will be debited with the monthly subscription cost on a monthly basis. When the Customer purchases a subscription Company will charge the first monthly amount on the date of the order, and then monthly on the same calendar day each following month ('Billing Date').

If the monthly amount cannot be charged to the registered credit card, then the payment of a subscription will fail. The customer is liable for all subscription charges incurred on the Customer's account (s).

The Service is offered with a free trial. Once that trial is up, User will only be able to continue using the Service by paying in advance for additional usage. If users fail to pay for additional usage, users account will be frozen and inaccessible until payment is made.

For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

Downgrading User Service may cause the loss of features or capacity of User account. The Company does not accept any liability for such loss.

All Fees are non-refundable, i.e. there are no refunds or credits available for periods where the Customer did not use an activated Account, used it only partially, replaced the current Plan with a new Plan or deactivated the Account or terminated the Agreement during an ongoing payment interval.

  1. Support

Technical support is provided via email (support@leansiteapp.com).

Company provides technical support to Costumer and users at the reasonable request of the Costumer. If investigation of the issues raised by Costumer needs access to saved or archived data, transcription files or other digital data, the Costumer hereby authorizes Company to have unlimited access to this information to allow the complaint investigation to be completed.

  1. User Content

The Costumer agrees that the Costumer is solely responsible for any and all content that the Costumer creates, uploads, transmits or displays while using the Leansite and for the consequences of the Costumer actions (including any loss or damage which Leansite or any third party may suffer) by doing so. Leansite has no responsibility to the account holder or to any third party for such action or losses.

By submitting, posting or displaying the User Content the Costumer gives Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use any User Content for the purposes of the Costumer use of the Leansite.

By uploading any User Content to the Leansite the Costumer warrants and represents that:

The account holder has the lawful right to upload, reproduce and distribute such User Content and power and authority necessary to grant the license.

Any User Content the Costumer uploads, posts or otherwise transmits or displays while using Leansite will not be misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; constitute unauthorized disclosure of personal or confidential information; violate the rights of any party (including but not limited to any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property) or otherwise create liability or violate any local, state, national or international law; contain viruses, trojan horses, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information; orconstitute or encourage a criminal offence.

Company does not delete any projects but archives them automatically for the Costumer.

Company commits to keep Customer information in the Service confidential to any third party, unless otherwise mandated by law or government agency or court order. Company will not at any time distribute Customer information to third parties for promotional or other such purposes.

The account holder acknowledges that Leansite will send the account holder mobile notifications and emails for any actions created as a result of using Leansite.

  1. Closing account

Company reserves the right to immediately and without notice close the Customer account(s) on suspicion of violation of Terms of Service.

The Customer may at any time deregister user account(s) if the Customer wishes to terminate their use of the Service.

After closing or canceling the Customer's account(s), the Customer will no longer be able to buy, access, or administer the Service. All of the Costumer´s content will be immediately inaccessible from the Service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted. The Costumer must export all the information what the Costumer would need from Leansite before the account is closed.

Company reserves the general right to terminate the Customer's account with three (3) months notice.

If the Costumer cancel the Service before the end of current paid up month, the cancellation will take effect immediately, and the Costumer will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

The Company reserves the right to refuse to offer theService to anyone for any reason at any time.

  1. Intellectual property

The use of the Service does not imply that any copyright or other intellectual property rights are transferred to the Customer.

All intellectual property rights subsisting in or used in connection with the Leansite (including, but not limited to any data) are and shall remain the sole property of the Company. All present and future rights in and title to the Leansite, including the right to grant access to it over any present or future technology, are solely and exclusively reserved to the Company.

The Costumer and users may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

The Customer agrees that the account holder will not (a) take any action that imposes, or may impose (in each case in Leansite sole discretion) an unreasonable or disproportionately large load on Leansite‘s infrastructure; (b) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of the Leansite without prior written consent from Leansite and any third party determined by Leansite as appropriate; (c) interfere or attempt to interfere with the proper working of Leansite or any activities conducted via Leansite; (d) bypass any measures Leansite may use to prevent or restrict access to Leansite; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in Leansite.

The account holder agrees that the account holder will not engage in any activity that interferes with or disrupts the Leansite, or the servers and networks which are connected to the Leansite.

The account holder agrees that the account holder shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Leansite.

  1. Complaints, submissions

Language of communication is English.

Customer acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by User to Leansite are non-confidential and shall become the sole property of Leansite. Leansite shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to User.

A complaint from an Customer needs to be raised in writing or email (support@Leansiteapp.com) to Leansite’s account manager. Leansite will complete investigation of the issues raised. Where this requires access to saved or archived data, transcription files or other digital data, the account holder hereby authorizes Leansite to have unlimited access to this information to allow the complaint investigation to be completed.

Leansite will use its reasonable endeavours to complete the investigation within 7 business days of the complaint being raised. Should the dispute be upheld, Leansite and the account holder will work together to decide on the best course of redress (including, but not limited to regeneration of the report, report credits).

The total value of this redress is limited to the invoiced cost of the service rendered no matter on what basis the claim is made. Leansite will not be liable for any losses or claims arising from delay or quality of reports generated by Leansite.

Leansite is not liable for additional claims or compensation due to lack of operation of the Leansite than stated in the Terms of Service. Leansite do not warrant or represent that the operation of the Leansite will be uninterrupted, timely or error free for any account holders regardless of subscription.

  1. Errors

Leansite does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.

Leansite does not warrant or represent that postings or information available on or through this Website will be correct, accurate, timely, or otherwise reliable. Leansite may make improvements and/or changes to its features or functionality at any time.

  1. Force majeure

The parties are exempt from liability to pay damages or to perform certain obligations under this agreement, if the damage or failure is due to circumstances beyond the Party's control ('Force Majeure Event') and the circumstance prevents, significantly impedes or delays the performance thereof. The same applies if the damage or failure is due to delayed deliveries from a party’s subcontractor that are caused by a Force Majeure Event. A Force Majeure Event can be, among other things, government action or omission, new or amended legislation, labor conflict, blockade, war, riot, sabotage, extreme weather, lightning, fire, explosion, flood, natural disaster, accident or cable damage caused by third parties.

  1. Governing Law and Dispute

The parties' rights and obligations in the interpretation and application of this Terms of Service shall be in accordance with Estonian law. Any dispute arising from the Terms of Service shall first be subject to arbitration or finally settled in an Estonian court.