Software Agreement /
Terms of Use

By using LeanKit or any of our products or services as a visitor or customer, you are agreeing to the following terms and conditions ("Software Agreement", "Terms of Use"). Additional contractual terms may apply to some services so it is important that you are familiar with all of the terms applying to your use of our services.


This agreement constitutes an agreement between you (including all employees at your company) and LeanKit, Inc., makers of LeanKit, governing your use of the service, superseding any prior agreements between you and LeanKit, Inc. (including but not limited to any previous version of this agreement).

LeanKit, Inc., makers of LeanKit, reserves the right to update or change this agreement without notice. Any new features that augment or enhance the current Service, including the release of new tools or resources, shall be subject to this agreement and the failure of LeanKit, Inc. to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

Violation of any of the terms below may result in the suspension or termination of your Account or License. Whist LeanKit, Inc. prohibits unauthorized conduct and content on the service as indicated below, you may be exposed to such materials and you agree to use the service at your own risk.

Definitions

"We", "Our" or "LeanKit" or "LeanKit, Inc." means LeanKit, Inc., makers of LeanKit;
"You" means you, the person using our products, services or visiting our Website;
"Services" means all products, goods or services we provide and anything else we do for you, including allowing you to access our Website;
"Service Availability" is defined as the ability to access and use the LeanKit application.

Terms

  1. You must be a person. (Accounts registered or run through automated methods are not permitted).
  2. You must provide your full legal name, a valid email address and any other information requested by LeanKit, Inc., makers of LeanKit in order to complete the signup process and license.
  3. You are responsible for maintaining the security of your account login information (Username & Password) LeanKit, Inc., makers of LeanKit cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
  4. You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).

Account Billing, Invoicing and Refunds

  1. Payment is due no more than 14 days after an invoice is received. Late payments may result in account suspension and possible cancellation.
  2. The products and services are billed in advance on a monthly/annual basis and are 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.
  3. We utilize Authorize.net Payment Solutions to conduct secure online payments for our software. This provider uses secure servers to complete customer orders.
  4. All prices on website are in United States Dollars (USD) unless otherwise stated.

Cancellation, Termination and Right to Monitor

  1. Upon cancellation of an account, payment is to be made up to the end of the billing period you are in, no refunds will be given.
  2. Cancelled accounts will have their data archived in a secure backup facility for 6 months. This data can be deleted or supplied within this timeframe upon customer request.
  3. LeanKit, Inc., makers of LeanKit, has no obligation to monitor and access customer accounts, but may do so if for any reason it believes there is just cause. (Reasons could include illegal activity, uploading of virus infected files, questionable material or for general customer support)
  4. LeanKit, Inc., makers of LeanKit, reserves the right to terminate accounts (Trial and Paid) at will. Discretion will be used, and action may be taken if needed to ensure server integrity for other customers.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any LeanKit, Inc., makers of LeanKit, customer or employee will result in immediate account termination.

Right of Refusal

  1. LeanKit, Inc., makers of LeanKit, Ltd has the right to accept or decline trial and paid account requests (including source code applications) at will.
  2. Applications will not be accepted if the applicants use is contrary to LeanKit, Inc.’s strategic plan, or the company in question shows any cause for concern.

Modifications to the Service and Prices

  1. LeanKit, Inc., makers of LeanKit, reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In this case, sufficient notice would be given and data made available.
  2. Prices may be reviewed at any time and adjusted accordingly if needed. LeanKit, Inc., makers of LeanKit, reserves the right to increase prices. Notice will be given of at least 30 days in advance of any price changes.
  3. Updates and upgrades to LeanKit, Inc., makers of LeanKit’s products are made at regular intervals, or intermittently if necessary.
  4. You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, LeanKit, LeanKit, Inc., makers of LeanKit, or any other LeanKit, Inc. product.
  5. All licensed/downloaded LeanKit, Inc., and LeanKit code (including customized code) must at all times retain the copyright statement (© Copyright 2009-20XX LeanKit, Inc.)

Service Availability and Support

  1. LeanKit, Inc., makers of LeanKit, will aim to provide a service availability of 97.0% however in the event of an outage or server access issue, LeanKit, Inc., makers of LeanKit, will not and cannot be held liable for data loss, but will act immediately to restore customer server access.
  2. While LeanKit, Inc., makers of LeanKit makes all efforts to prevent any disruption to service during any update or upgrade, there may be times where LeanKit is inaccessible for a period of less than 60 minutes. Updates and upgrades are scheduled to avoid peak usage times.
  3. LeanKit, Inc., makers of LeanKit, is committed to providing excellent customer service, we aim to answer most support issues within a few hours however, LeanKit, Inc. makes no guarantee on the period of time before support is provided.
  4. In the event that urgent support is required, we will do whatever is necessary to assist. Email support is available 24/7, phone support is available 8am-6pm, Mon-Fri based on Central Time (US/Canada) - GMT-6.

Code and Data Ownership

  1. Any data entered in your live account database or uploaded to the service remain yours and can be supplied if needed as a digital file upon request.
  2. LeanKit, Inc., makers of LeanKit, does not pre-screen any content, but reserves the right (but not the obligation) to refuse or remove any content available via the service.
  3. Any and all code, including the look and feel is owned by LeanKit, Inc.. You may not duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or code without express written permission from LeanKit, Inc., makers of LeanKit.
  4. LeanKit, Inc., makers of LeanKit, houses all software on our rented servers. Unauthorised distribution without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent from LeanKit, Inc., makers of LeanKit.

Data Loss & Backups

  1. LeanKit, Inc., makers of LeanKit will not accept under any circumstances the liability for the loss of customer data through general use, hacking or server failure.
  2. While Backup of data is the sole responsibility of the customer through the built in backup utility, LeanKit, Inc., makers of LeanKit will be responsible for ensuring multiple regular daily backups of the subscription account data and the server itself.

Privacy

  1. LeanKit, Inc., makers of LeanKit will at all times be committed to ensuring privacy of information. Any information submitted by the customer will only be used by LeanKit, Inc., in the manner intended by the customer or by the terms of this agreement.
  2. We will never distribute your information to third parties, and all LeanKit, Inc., staff are under extensive confidentiality and non-disclosure agreements.
  3. While we make every effort to keep your information safe and secure, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.

Licensing

  1. LeanKit, Inc., makers of LeanKit, distributes all commercial software under a commercial license agreement.
  2. Demo sessions and trials of LeanKit, Inc., makers of LeanKit products are archived the month after creation and deleted the following month. After that period if you would like to use the software legally, you must purchase a license for the product or sign up for a subscription account.
  3. A ‘per user’ license allows that purchaser to operate the software. Licenses cannot be transferred to other parties, this applies to both general software licenses and upgrades
  4. Upgrade packages are only applicable to the company who purchased the original software.
  5. Sharing, redistribution or simultaneous use of licenses is prohibited.

Warranty

  1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. LeanKit, Inc., makers of LeanKit does not warrant that:
       a. The service will meet your specific requirements
       b. The service will be uninterrupted, timely, secure, or error-free
       c. The results that may be obtained from the user of the service will be accurate or reliable
  3. You expressly understand and agree that LeanKit, Inc., makers of LeanKit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if LeanKit, Inc., makers of LeanKit has been advised of the possibility of such damages), resulting from:
       a. The use or inability to use the service
       b. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service
       c. Unauthorised access to or alteration of your transmissions of data
       d. Statements or conduct of any third party on or involved in providing the service
       e. Any other matter relating to the service.

Restricted Content

Uploading any restricted content as listed below may result in immediate account termination. You must not upload, post, host or transmit the following items to or from the service including but not limited to:
  1. Unsolicited email, SMS’s, or "Spam" messages.
  2. Worms, viruses or code of a destructive nature.
  3. Questionable or Illegal material. (Including copyrighted material)

Server Location & Information

Our servers are located at ServerBeach's California Datacenter. ServerBeach's servers are among the most reliable in the industry. With fast, reliable connectivity, ServerBeach's world-class network reliability means you can count on your server being up for business. ServerBeach has 24/7/365 security and network monitoring and is safeguarded with state-of-the-art network security. The server hardware vendor is available 24 hours a day for onsite repairs.

Head Office Location

While all servers and key hardware maintenance contracts are situated in California in the United States of America, the head office of LeanKit, Inc., makers of LeanKit is located at: 251 Second Ave South, Suite 205, Franklin TN, USA

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