Terms of Service
1. Introduction
These user terms of service (“Terms“) are between you (“you” or “Customer” or “User”) and Leapwork Technologies Private Limited (“LeapOnboard” or “we” or “us” or “our”) and govern your access and/or use of all versions of our domain (“*.leaponboard.com”), software, services and associated applications or any part thereof including the LeapOnboard mobile application (collectively, the “Platform“).
Please read these Terms carefully before you access or use our Platform. If you do not agree to these Terms, you may not access or use the Platform. By using, installing, downloading or even accessing the Platform, you shall be contracting with LeapOnboard and you consent to these Terms and other applicable policies, including but not limited to the privacy policy, as amended from time to time, which takes effect from the date on which you first use, download, install or access the Platform, and creates a legally binding agreement (“Agreement”) between you and Leapwork Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at D202, Trendset Winz, Survey Number 143, Nanakramguda, Gachibowli, Hyderabad, Telangana – 500032.
If you are using, installing, downloading or accessing the Platform on behalf of a company, government, or any other entity, your consent to the Terms shall create a binding agreement between the entity and LeapOnboard. You represent and warrant that you have the authority to bind the entity. If you do not have such authority, please do not accept these Terms and do not access or use the Platform.
2. Eligibility
The Platform is not available to persons that do not have the capacity to contract under the prevailing law, including but not limited to persons under the age of 18, and/or to anyone previously suspended or removed by LeapOnboard. By accepting these Terms, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the Terms as part of this Agreement.
Finally, LeapOnboard reserves the right to revoke, suspend or permanently prevent any User from accessing or using their Platform without assigning any reason and without giving any notice.
3. License
License Grant
Subject to the terms and conditions of the Agreement, LeapOnboard grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited license right to access, enter and use the Platform in accordance with these Terms.
License Requirements and Restrictions
For the purposes of this clause, the phrase “Customer will not” means “Customer will not, and will not allow a third party to”.
The Customer will not:
- copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law);
- sublicense, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Platform or make the Platform available to any third party;
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of LeapOnboard or its affiliates, partners, suppliers or the licensors of the Platform;
- post any violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via our Platform;
- interfere or disrupt our service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
- You have no right to use any search mechanisms other than that provided on the Platform and you will not use any web crawler or any data harvesting tools to harvest data of any sort from the Platform;
- access or use the Platform: (i) in a manner intended to avoid incurring any fee for the use of / access to the Platform; or (ii) for any other activity that would violate the applicable laws and regulations.
Except for the limited license granted in this section, LeapOnboard does not convey any right or license to you, in any manner.
4. Use of Platform
LeapOnboard Account
To access or use the Platform:
- You must create an account with accurate, complete and current information.
- You must keep your account access credentials safe and secure.
- You are responsible for all actions taken through your accounts. You are required to promptly inform LeapOnboard and modify your account login credentials if you suspect that such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Platform.
- At any given point in time a single User’s account may only be logged in on a maximum of one computer system.
You agree to access and/or use the Platform only in compliance with the Terms and applicable laws, and in a manner that does violate the legal rights of LeapOnboard or any other third parties.
LeapOnboard reserves the right to delete, restrict, modify or otherwise alter your account without assigning any reason.
5. Disclaimer
Notwithstanding anything to the contrary contained in these terms, the Platform is provided on an “as is” and/or on an “as available” basis, without warranties or representations of any kind, either express or implied.
LeapOnboard and any third party providing any materials, services, content or support to the Platform in any manner, disclaim any and all representations, warranties and/or liabilities, express or implied, statutory or otherwise towards the User.
Views expressed by the users are their own, LeapOnboard does not endorse the same and shall not be responsible for them. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Platform.
LeapOnboard does not warrant access to or use of the Platform nor does it claim that defects in Platform will be corrected. LeapOnboard disclaims any and all representations, warranties and/or liabilities, express or implied, statutory or otherwise towards the User concerning access, usage, data storage, uptime and/or maintenance of the Platform.
This Platform is controlled and operated from India. If you access or use the Platform from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
6. Amendment to the Terms
LeapOnboard may change or amend these Terms, from time to time, entirely at its discretion, without the requirement of prior notice. You shall be responsible for checking these Terms from time to time and ensuring continued compliance with these Terms. Your access or use of the Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
7. Modifications to Product/Services
LeapOnboard is constantly experimenting, modifying or updating its offerings. You acknowledge and agree that the form and nature of the products and services which LeapOnboard provides may change at the sole discretion of LeapOnboard. LeapOnboard reserves the right to alter, modify, suspend, cancel, or discontinue any or all products or services at any time without notice, including but not limited to making modifications and alterations in any or all of its contents, products and services contained on the Platform without any prior notice.
LeapOnboard reserves the right to charge a fee, recurring or otherwise, in respect of any of its product or service and/or any other charge or fee from Users / Customers, in respect of any of its product or service on the Platform.
LeapOnboard shall not be liable for any loss or/and damage or/and costs or/and expenses that you may suffer or incur on account of such actions.
8. Privacy Policy
The collection, use and disclosure of your personal information are governed by our Privacy Policy (as available on our website and as amended from time to time) which must be read with the Terms contained herein. You must read the terms of the Privacy Policy carefully.
9. Proprietary Information and Intellectual Property Rights
Any person who is accessing or has accessed any information or data from the Platform acknowledges and agrees that all proprietary rights, statutory or otherwise, in the information received by such person shall remain the exclusive property of LeapOnboard. Any reproduction, redistribution or transmission, for consideration or otherwise, of any such information contained in the Platform is strictly prohibited and would constitute a breach of the Terms.
The contents of the Platform, including but not limited to the information, text, design, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, and icons, are the sole property of LeapOnboard or our licensors. All intellectual property in and to the Platform and its contents and functionalities shall vest solely with LeapOnboard or our licensors.
You grant LeapOnboard a non-exclusive, royalty-free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of intellectual property which you, directly or indirectly, share with LeapOnboard including any content shared on the Platform.
You represent and warrant that you have, or have obtained all rights, licenses, and necessary authorizations required to grant the rights granted herein for any content that you submit or information that you publish, post, display, or communicate through our Platform and such content is not subject to copyright or other proprietary rights of third parties unless you are legally entitled to post such content through necessary permission or otherwise.
While we support valid and legitimate claims of intellectual property ownership, we do not adjudicate any claims. In the first instance, parties must resolve any disputes, relating to intellectual property or otherwise, through the appropriate legal process. Any assertion or adjudication of legal rights must be carried out through the legal process. If you require our compliance with any orders or directions of courts or legal authorities, you can share a copy of the order/directions with us at [email protected].
Please note that LeapOnboard is acting on a best-efforts basis and accepts no responsibility whatsoever for any actions taken by the Users. Any abuse of this process may lead to termination of your account and/or other legal consequences.
10. Third-Party Content
Our Platform may contain third-party content including links to third-party websites, advertisements or promotional services. Any content of third parties is not under the control of LeapOnboard. We are providing these links to you only as a convenience, and the inclusion of any link does not imply warranty, affiliation, endorsement, or adoption by us of the website or any information contained therein. LeapOnboard is not responsible or liable for your use of or access to any third-party content.
11. Limitation of Liability
LeapOnboard will not be liable for any losses of any kind arising out of or relating to the use or the inability to use this Platform, its content or links, including but not limited to any losses caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other law, and whether or not, such parties were intimated or advised of the possibility of such losses.
LeapOnboard assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer’s data/information. LeapOnboard shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to any person or to such person’s computer related to or resulting from participating or downloading materials/information from the Platform.
LeapOnboard does not undertake any obligation to monitor User-generated content, except to the extent required by law. We are an intermediary that primarily enables online interaction between Users.
12. Indemnity
You agree to defend, indemnify, and hold harmless LeapOnboard, its affiliates, and each of their employees, directors, agents and representatives, from and against any losses, claims, damages, costs, liabilities, and expenses (including, but not limited to, attorneys’ fees) arising out of or related to:
- your access to or usage of our Platform; and/or
- the content you post, store, or otherwise transmit on or through the Platform; and/or
- your violation of the Terms or any applicable law, contract, policy, regulations, or obligation including any third-party obligation.
13. Billing and Cancellation
Billing Period
Any applicable fee for access to or usage of the Platform and any other charges that you may incur in connection with access to or usage of the Platform, including any taxes and/or transaction fees, will be payable at the beginning of the billing period. The starting date and duration of your billing period will depend on the type of subscription that you choose when you sign up for any product/service.
Cancellation & Refund
You can cancel your LeapOnboard subscription/membership at any time. You will continue to have access to and use the product/service until the end of your billing period, unless terminated by LeapOnboard in accordance with the Terms. To the extent permitted under applicable laws, all payments made by you to LeapOnboard are non-refundable. We do not provide any refunds or credits for any reason.
If, for any reason, you are not completely satisfied with any product/service that we offer, you can provide us with your feedback at [email protected].
14. Miscellaneous
Waiver
No failure or delay by LeapOnboard in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by LeapOnboard of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Severability
If any provision of these Terms is deemed unlawful, invalid, or unenforceable for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and LeapOnboard and you shall have no authority to bind LeapOnboard in any form or manner, whatsoever.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of India. The courts of Hyderabad, India shall have exclusive jurisdiction over any disputes arising under this agreement.
Maintenance
LeapOnboard may, at its sole discretion and without assigning any reason whatsoever, at any time, deactivate or/and suspend your access to and/or use of the Platform without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. LeapOnboard shall not be liable for any loss or/and damage or/and costs or/and expenses that you may suffer or incur on account of such actions.
Termination
LeapOnboard reserves the right to terminate your access to the Platform at any time, at our sole discretion. You acknowledge our right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions, which by their nature are intended to survive, shall survive termination and continue to be applicable.