Terms of Use

Last Revised on September 13, 2022

 

These Terms of Use (“Terms” or “Agreement”) are a legal agreement between you and Leadmonk Technologies Private Limited (“Company”, “Leadmonk,” “we,” “our,” or “us”) and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Documentation”), including our websites and any services, plug-ins, software or other Downloadable Tools  that we may provide through any of our websites (the “Platform” or “Website” or “WebApp” and together with the Materials, these “Service(s)”).

 

Leadmonk “Users” are the people who have created a Leadmonk account (also referred to as “Customer(s)”), and Leadmonk “Invitees” are people who have scheduled a meeting with a Leadmonk User or invited to a meeting by Leadmonk User but may or may not have registered with Leadmonk.

 

A Leadmonk “Viewer” is a person who visits the Leadmonk Website but may or may not be a Leadmonk User or Leadmonk Invitee.

 

If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization (“Authorized User”).

 

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CAN NOT USE THESE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LEADMONK.

1. Scope.

Leadmonk’s Services facilitate the online scheduling of appointments. You may access and use the Services only in accordance with these Terms. Please note that these Terms govern your use of the Services, including, but not limited to, the process through which you schedule appointments with your Invitees or your Invitees schedule appointments with you.

When using the features of the Services you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the privacy notice are hereby incorporated by reference into these Terms.

 

2. General Use.

Subject to these Terms, we grant you a limited, personal, non-exclusive, and non-transferable right to access and use the Service following the set-up of a Free Account as set forth below.

 

Customer shall not at any time, directly or indirectly, and to the extent Customer is a company or other organization, shall not permit any Authorized Users to:

  1. Copy, modify, or create derivative works of the Services, in whole or in part;

  2. Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; or

  3. Knowingly use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

 

Subject to these Terms, we also grant you a limited, personal, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may have specifically identified within the Website as available for download solely in connection with accessing the Website, including, but not limited to, relevant Leadmonk browser extensions (“Downloadable Tools”).

 

Our Service is not intended for and may not be used by individuals under 13 years of age except as provided by the Educational Use Section of these Terms.

 

By registering for a Leadmonk account, you state that you are at least 18 years of age, and you are responsible for ensuring that all Leadmonk Users and Invitees are at least 13 years old. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.

 

3. Account Setup.

To use certain of the Services, you may need to create an account (“Account”). You are authorized by Leadmonk to set up one Free Account only. Leadmonk reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 6 months.

For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at [email protected] if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

You are responsible for complying with these Terms when you access this Website or webapp or mobile application, whether directly or through any account that you may set up through or on this Website or mobile application. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this application as well as paying related charges. Your account belongs to you. However, Leadmonk controls the URL(s) assigned to your account and may change or deactivate the URL(s) without prior notice.

4. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website or webapp or mobile application. Leadmonk reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to cancelling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. You agree to promptly notify Leadmonk in the event that you are made aware of any unauthorized or illegal use of the Website or webapp or mobile application.

5. Intellectual Property.

Your use of our Services do not grant you ownership rights of any kind in our Website or webapp mobile app or Materials. Leadmonk reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Leadmonk IP.

 

6. Notices and Message.

By using the Services, you consent to receive emails from us. These emails may include notices about information concerning or related to the Services. These emails are part of your relationship with us. By scheduling a meeting as an Invitee with a Leadmonk User, you consent to receive transactional emails related to the scheduled meeting (e.g. booking confirmations and reminders).

 

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.

 

7. Unauthorized Activities.

To be clear, we authorize your use of these Services only for Permitted Purposes. Any other use of these Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use. Unless you have written permission from us stating otherwise, you are not authorized to use these Services in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):

 

You are not allowed to use the Services:

·       To create a competing product, resell or broker the Services to any third-party;

·       In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of the Services;

·       In a manner that violates any relevant law or the Terms of this Agreement, including but not limited to anything that is illegal in the jurisdiction where the User, Invitee and/or Authorized User is located;

·       To stalk, harass, spam, or harm another individual, organization, or business;

·       To disclose information that you do not have permission to disclose;

·       To impersonate any person or entity, misstate your Personal Data, or otherwise misrepresent your affiliation with a person or entity;

·       To interfere with or disrupt the Services or servers or networks connected to the Services;

·       To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services;

·       To disseminate any viruses, worms, or otherwise harmful code; or

·       To attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether

 

8. Indemnification.

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Leadmonk, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees (“Losses”), resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Customer Data, or the use thereof in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates any applicable law or regulation and any Third-Party Claims based on Customer’s or any Authorized Users’ (i) negligence or wilful misconduct; (ii) use of the Services in a manner not authorized by this Agreement; (iii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Leadmonk or authorized by Leadmonk in writing; or (iv) modifications to the Services not made by Leadmonk, provided that Customer may not settle any Third-Party Claim against Leadmonk, and further provided that Leadmonk will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defence thereof by counsel of its own choice.

 

9. Warranty Disclaimer.

THE SERVICES ARE PROVIDED "AS IS" AND LEADMONK HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LEADMONK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LEADMONK MAKES NO WARRANTY OF ANY KIND THAT THE LEADMONK IP, OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. LEADMONK STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY INTEGRATIONS.

 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

 

10. Limitation of Liability.

LEADMONK WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY DOCUMENTATION TO OR FROM THE WEBSITE. IN NO EVENT WILL LEADMONK BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LEADMONK WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 

 

IN NO EVENT WILL LEADMONK’S AGGREGATE LIABILITY OR LEADMONK’S INDEMNIFICATION OBLIGATIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OTHERWISE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LEADMONK IN CONNECTION WITH THESE TERMS IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.

 

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND LEADMONK AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF LEADMONK HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

 

11. Local Laws; Export Control.

We control and operate the Services from our headquarters in India and the entirety of the Services may not be appropriate or available for use in other locations. If you use the Services outside India, you are solely responsible for following applicable local laws.

12. Dispute Resolution and Arbitration; Class Action Waiver.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

 

This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND LEADMONK AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all disputes, you must first give us an opportunity to cure or resolve the dispute which is first done by emailing us at [email protected] the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.

General Terms.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website or mobile application without prior notice to you.

 

In no event shall Leadmonk be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Leadmonk's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, epidemics, contractor difficulties, labor stoppages or slowdowns or other industrial disturbances, or passage of a law or any action taken by a governmental or public authority, including imposing an embargo. 

 

Unless the Customer has specifically notified Leadmonk to the contrary in writing (including via email to [email protected]), Leadmonk may disclose your company as a customer of Leadmonk (if you use Leadmonk for business purposes and/or use a business email address as your Leadmonk User email address) and may use your company’s name and logo on the Website and in Leadmonk’s promotional content in accordance with Customer’s brand guidelines or related documentation if provided by Customer. Leadmonk will be granted a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free right and license (the "Trademark License") to use, display, and reproduce such party's name, logo, trademarks, and service marks (the "Trademarks"). Both acknowledge that the other party's Trademark is and will remain the exclusive property of such party.

13. Changes.

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we’ll post them on this page, so please be sure to check back periodically. If you continue to use Leadmonk after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. Leadmonk reserves the right to change any and all features of our Services, at any time, without notice.

 

14. SMS Messaging and Phone Calls

Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Products. You also understand that you may opt-out of receiving text messages from us at any time, or by contacting [email protected]. If you do not choose to opt-out, we may contact you as outlined in our Privacy Policy.

15. Contact Us.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected]