Last Updated: Sunday, December 3, 2017
These Terms of Service are a legal agreement between you and Leanplum, Inc. ("Leanplum", "we", "us") regarding your use of the services provided by the leanplum optimization platform, including any information, materials or technology made available by Leanplum through those services (collectively, the "Services").
By using any part of the Service, you agree to be bound by and become a party to these Terms. If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of your employer or other entity, you represent that you have the authority to accept these Terms on behalf of your employer or other entity.
1. Service Description
This service is a platform for developers to improve data. Registered users of this service optimize developer applications (e.g., APP applications, data clicks and download rates within APP applications), and then optimize application data usage and manage the content in the enabled software.
2. Eligibility
You must be at least 18 years old to use this service. You represent and warrant that you are at least 18 years old and are fully able and qualified to enter into and abide by these terms. This service is not intended for persons under the age of 18. Use of this service is void where the use of this service is prohibited.
3. Account
In order to use certain parts of the Service, you must create an account. When registering for an account, you must provide complete information and promptly update this information to keep it current. If you provide any inaccurate or incomplete information, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
You are solely responsible for all activities conducted through your account. To protect your account from unauthorized use, do not provide your username or password to any other person. You may not directly or indirectly allow or permit any unauthorized person to access your account or any information you obtain through the Service. If there is any unauthorized use of your account or any other security breach, please notify our platform customer service immediately. You will take all measures reasonably necessary to terminate the unauthorized use. You will cooperate with and assist Leanplum in taking any action to prevent or terminate unauthorized use of any part of the Service.
4. Confidentiality
Using the Service will expose you to confidential, non-public information (such as technical data, proprietary information, know-how or trade secrets), including information about applications optimized by developers. All information that is not publicly available on our website (i.e., except to registered users) ("Confidential Information"). All Confidential Information shall be the sole and exclusive property of Leanplum and its suppliers. You agree to keep all Confidential Information strictly confidential and not to disclose it to anyone other than those using the Service. You agree to take all necessary precautions to prevent any unauthorized use or disclosure of the Confidential Information.
5. Privacy
Leanplum collects your registration information and other information through the Services. Our collection and use of such information is described in the Leanplum Privacy Policy, which is incorporated into these Terms to protect the information security of all users.
6. Ownership; Trademarks
Our affiliates and our suppliers and licensors own all right, title and interest in and to the Services, including all intellectual property rights. We do not grant you any rights, express or implied, except for those expressly granted in these Terms.
7. Termination
You may terminate your use of the Services at any time by terminating your account. Termination of your account is your sole right and remedy for any dispute with Leanplum regarding the Services or these Terms. Leanplum may suspend or terminate your access to the Services, or terminate these Terms, at any time and for any reason. If Leanplum suspects that you have violated any provision of these Terms, Leanplum may also pursue any other available legal remedies. Your rights under these Terms will automatically terminate if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copies of Leanplum information, materials, or technology in your possession.
You remain fully responsible for all obligations associated with your use of the Services and your account even after you cease using the Services. Neither Leanplum nor any of its licensors or developers will be liable to you or any third party for any losses arising from termination of the Services or your access to the Services.
You also agree not to collect or store via the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) breaches any duty toward or rights of any person or entity; (b) contains corrupted data or any other harmful, disruptive, or destructive files; or (c) in Leanplum’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Leanplum, its affiliates, or users to harm or liability of any nature.
8. DISCLAIMER
Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, LEANPLUM, its affiliates, licensors, the Platform disclaim all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. LEANPLUM does not warrant that the use or operation of the Service will be uninterrupted or that any information, materials or technology obtained by you through the Service will be accurate, complete, transmitted in an uncorrupted form or transmitted within a reasonable time. You assume full responsibility for any delays or losses resulting from your access to or use of the Service. No advice or information, whether oral or written, obtained by you from LEANPLUM through or from the Service shall create any warranty. The laws of some jurisdictions do not allow the exclusion of certain implied warranties, in which case the disclaimer of implied warranties may not apply to you to that extent.
9. COMPENSATION
You will defend and indemnify Leanplum Representatives from any and all claims or damages arising directly or indirectly out of your use of the Services (including use by your subordinates or agents), your violation of any provision of these Terms, or any products you provide. and all claims, damages, losses, liabilities, taxes, costs and expenses (including attorneys' fees and other legal fees) related thereto. You may not assert, authorize, encourage, or participate in any patent infringement or other intellectual property infringement claim against Leanplum.
10. Entire Agreement
These Terms are the entire agreement between you and Leanplum regarding your use of the Services.
