Terms of Service - Version 1.4 - 2021-05-18
By using the Leankoala website ("Service"), or any services of Plesk International GmbH ("Plesk"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If Leankoala makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at www.leankoala.com/TERMS OF SERVICE Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms You must be 18 years or older to use this Service. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. As part of the registration process, you will identify an Owner’s username (in the form of an email address) and password for your account. You may use these credentials to invite individuals to become Administrative Users and Collaborators (each with their own password) under your account. The total number of users is limited to the maximum number permitted for your account. You are responsible for maintaining the confidentiality of your login, password, and account. Your login may only be used by one person - i.e., a single login may not be shared by multiple people - except that a machine user's actions may be directed by multiple people. You may create separate logins for as many people as your plan allows. You are responsible for all activity that occurs under your account (even when action is performed by others who have accounts under your account). One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Description of Service. The “Service(s)” means (a) Leankoala ’s monitoring, incident management and analysis services and related systems and technologies, as well as the website www.leankoala.com (the “Site”), and (b) all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available by or on behalf of Leankoala through any of the foregoing. The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not Leankoala designates them as “official integrations”. Any modifications and new features added to the Service are also subject to this Terms of Services.
C. Payment, Refunds, Upgrading and Downgrading Terms All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you. The Service is billed in advance on a monthly 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. In order to treat everyone equally, no exceptions will be made. Leankoala reserves the right to offer additional payment terms. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Germany taxes. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Leankoala does not accept any liability for such loss.
Leankoala uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Leankoala account. Leankoala is a “Partner Application” as defined in the Stripe Terms of Service.
By using Leankoala and agreeing to the Leankoala Terms of Service, You also agree to be bound by Stripe’s Terms of Service.
You expressly understand and agree that Leankoala shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Leankoala shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Leankoala is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.
You understand that Leankoala uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Leankoala liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your Leankoala account, or Your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your Leankoala account.
D. Cancellation and Termination You as the Owner of the account are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the paid up month and you will not be charged again. Leankoala, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Leankoala service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Leankoala reserves the right to refuse service to anyone for any reason at any time. In the event that Leankoala takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
E. Modifications to the Service and Prices Leankoala reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Leankoala Site (www.leankoala.com) or the Service itself. Leankoala shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
F. Copyright and Content Ownership We claim no intellectual property rights over the material you provide to the Service. Your profile and materials provided via the service remain yours. Leankoala is entitled to scientifically analyse data provided by you to enrich and optimize the service. However, by setting your projects to be viewed publicly, you agree to allow others to view your content and data. You shall defend Leankoala against any claim, demand, suit or proceeding made or brought against Leankoala by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Leankoala for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Leankoala in connection with any such claim, demand, suit or proceeding; provided, that Leankoala (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Leankoala of all liability); and (c) provides to You all reasonable assistance, at Your expense.
G. General Conditions THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND Leankoala EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Leankoala DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM Leankoala OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
You understand that Leankoala uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. 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, Leankoala, or any other Leankoala service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Leankoala.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Leankoala ) of other Leankoala customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
Leankoala does not warrant that (i) the service will meet your specific requirements, (ii) the results that may be obtained from the use of the service will be accurate or reliable, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (iv) any errors in the Service will be corrected.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Leankoala BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, TWO HUNDRED FIFTY (€250) EURO, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS OF SERVICE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERMS OF SERVICE.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, Leankoala ’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The failure of Leankoala 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 constitute the entire agreement between you and Leankoala and govern your use of the Service, superseding any prior agreements between you and Leankoala (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under German law. Hamburg, Germany is the exclusive place of jurisdiction for all legal disputes arising or in connection with the inclusion of these terms and conditions of the contracts concluded. Nevertheless, Leankoala is also entitled to bring legal action at the headquarters of the Customer.
If any provision of this contract is completely or partially invalid, the validity of the remaining provisions shall not be affected. In such a case, the parties arrange in advance that the invalid provision will be replaced by another provision which reflects the economic intend as closely as possible. The same shall apply for any omissions in the agreements. Questions about the Terms of Service should be sent to firstname.lastname@example.org
This document is an adaptation of the GitHub Terms and conditions. The original work has been modified. GitHub is not connected with and does not sponsor or endorse Leankoala or its use of the work.