TERMS OF SERVICE

The Subscription Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and the Privacy Policy. Please read this Agreement carefully before accessing or using the Subscription Service. By accessing or using any of the services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Subscription Service.

1. Definitions

“Account” identifies you as a customer and provides you with a membership in LeadGnome service. Your Account keeps track of your company’s information, administrator and user profiles, and subscription type.

“Agreement” means these Customer Terms of Service and all materials referred or linked to in here.

“Subscription Quote” means the quote document agreed to by You and LeadGnome that specifies subscription price, subscription type, usage limits, and the initial term.”

“Subscription Service” means our web-based email mining application that you have subscribed to or that we otherwise make available to you, and developed, operated, and maintained by us, accessible via www.leadgnome.com or another designated URL.

“LeadGnome”, “we”, “us” or “our” means LeadGnome, Inc.

“You”, “your” or “Customer” means the person or entity using the Subscription Service identified in the applicable billing statement, online subscription process, and/or Subscription Quote.

The Subscription Service

By using the Subscription Service, you agree to the Agreement. Access to the Subscription Service is permitted only to those that fully agree with the terms and conditions of this Agreement.

You agree that this Terms of Service Agreement and the relationship between the parties shall be exclusively governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles. Both parties consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, U.S.A. for all disputes arising out of or relating to the use of the Subscription Service.

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

You are responsible for maintaining the security of your Account and password. LeadGnome cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will maintain full confidentiality over the Customer’s passwords related to the Subscription Service and the Customer’s Account. If the Customer becomes aware of any unauthorized use of its password or of the Customer’s Account, the Customer must notify LeadGnome immediately at support@leadgnome.com

You may not use the Subscription Service for any illegal or unauthorized purpose. You must not, in the use of the Subscription Service, violate any laws in your jurisdiction (including but not limited to copyright laws and CAN-SPAM Act of 2003).

The Customer undertakes not to harass, threaten, abuse or harm LeadGnome or other users of the Subscription Service in any way.

Subscription Term and Renewal

  1. The initial subscription term shall begin on the effective date of your subscription and expire at the end of the period selected during the subscription process (“Initial Subscription Term”).
  2. Unless one of us gives the other written notice that it does not intend to renew the subscription, this Agreement will automatically renew for the shorter of the Initial Subscription Term or one year (“Renewal Subscription Term”). Written notice of non-renewal must be sent at least 2 business days in advance of the end of the Subscription Term. The Renewal Subscription Term will be on the current terms and conditions of Your Subscription Quote, unless subsequently modified by mutual agreement. Should you decide not to renew, you may send the notice of non-renewal by email to accounting@leadgnome.com
  3. The Subscription Term will end on the expiration date and cannot be canceled before its expiration.
  4. LeadGnome, at its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Subscription Service for any reason at any time. Such termination of the Subscription Service will result in the deactivation or deletion of your Account or your access to your Account. LeadGnome reserves the right to refuse service to anyone for any reason at any time.
  5. The Subscription Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
  6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The Customer will be responsible for payment of all such taxes, levies, or duties.
  7. For any upgrade in plan level, you will automatically be charged the new rate.

Refund Policy

The Subscription Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.

Modification of Terms

  1. LeadGnome reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Subscription Service (or any part thereof) with or without notice.
  2. Prices of the Subscription Service, including but not limited to yearly and monthly subscription plan fees to the Subscription Service, are subject to change. These changes will be publicly advertised by posting the changes to the LeadGnome website.
  3. LeadGnome shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Subscription Service.
  4. The Customer acknowledges and agrees that the form and nature of the Subscription Service may change from time to time without prior notice to the Customer due to the fact that we are constantly innovating and improving the Subscription Service. Also, you acknowledge and agree that LeadGnome may stop (permanently or temporarily) providing the Subscription Service (or any features within the Subscription Service) to you at our sole discretion, without prior notice to you.

Publicity

You grant LeadGnome the right to add your name and company logo to our customer list and website.

Intellectual Property

This Agreement does not transfer from LeadGnome to you any LeadGnome or third party intellectual property.

General Conditions

  1. Your use of the Subscription Service is at your sole risk. The Subscription Service is provided on an “as is” and “as available” basis.
  2. Among other things LeadGnome does not represent and warrant to the Customer that: the Customer’s use of the Subscription Service will meet the Customer’s requirements; the Customer’s use of the Subscription Service will be uninterrupted, timely, secure or free from error; any information obtained by the Customer as a result of the Customer’s use of the Subscription Service will be accurate, correct, relisupport@leadgnome.com. email, support@leadgnome.com
  3. No warranties (incl. for satisfactory quality, fitness for purpose or conformance with description) apply to the Subscription Service except to the extent expressly stipulated in the Agreement. LeadGnome is not liable for any direct, indirect or consequential damage (incl. loss of profit, loss of data, loss of goodwill or business reputation) of the Customer, which may be incurred to the Customer in relation with the Subscription Service, including:
    • damage resulting from any changes which LeadGnome may make to the Subscription Service;
    • damage resulting from any permanent or temporary interruption in the provision of the Subscription Service;
    • damage resulting from deletion of, corruption of, or failure to store, any Customer’s data;
    • damage resulting from the Customer’s failure to provide the Service Provider with accurate Account information;
    • damage resulting from the Customer’s failure to keep the Customer’s password or the details of the Customer’s Account secure and confidential.
      • You must not modify, adapt or hack the Subscription Service or modify another website so as to falsely imply that it is associated with the Subscription Service.
      • You understand that LeadGnome uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Subscription Service.
      • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Subscription Service, use of the Subscription Service, or access to the Subscription Service without the express written permission by LeadGnome.
      • The Customer must indemnify the Service Provider, its officers, directors, employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damage and costs, including attorney’s fees, resulting from the breach of the Agreement, and from the activities on the Customer Account.
      • The Customer agrees that the Service Provider may provide the Customer with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Subscription Service.
      • Nothing in the Agreement shall exclude or limit LeadGnome’s liability for damage, which may not be lawfully excluded or limited by the laws of the Commonwealth of Massachusetts, U.S.A.
      • The failure of LeadGnome to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LeadGnome and govern your use of the Subscription Service, superseding any prior agreements between you and LeadGnome (including, but not limited to, any prior versions of the Terms of Service).
      • The Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A.
      • In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
      • Any disputes related to the Agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in the courts in Boston, Massachusetts, U.S.A.
      • Questions about the Terms of Service should be sent to support@leadgnome.com

Last updated: September 13th, 2017