Terms of Service
Last Updated: 20th of August 2024
Welcome to Lleverage. These Terms of Service ("Terms") govern your access to and use of the services provided by Lleverage B.V. ("Lleverage AI", "we", "us", "our"), including our platform, APIs, AI development tools, and any other services we provide (collectively, the "Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
1. Definitions
In these Terms, the following terms have specific meanings:
"Lleverage" refers to Lleverage B.V., a Besloten Vennootschap incorporated in the Netherlands, with its principal place of business at Parnassusweg 126, 1076AT Amsterdam.
"User" means any individual or entity that registers for, accesses, or uses the Services.
"Contract" means these Terms (or, if applicable, your written agreement with us) and any Order Confirmation(s) that together form a binding "Contract" between you as a Customer and us.
"Customer" means the organization that you represent in agreeing to the Contract. If the Services are being set up by someone who is not formally affiliated with an organization, Customer is the individual setting them up. If you signed up for a plan using your corporate email domain, your organization is a Customer, and Customer can modify and re-assign roles for your Services (including your role) and otherwise exercise its rights under the Contract. If Customer elects to replace you as the representative with ultimate authority for the Services, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.
"Customer Data" refers to all electronic data, content, or information that you submit to the Services in the course of using them.
"Output" means the results generated by the Services based on Customer Data, including AI-generated content, analytics, reports, and any other output provided by the Services.
"Subscription Plan" refers to the specific plan that a User selects, which dictates the scope, features, and fees associated with their access to the Services.
"Confidential Information" includes all information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
2. Acceptance of Terms
By registering for, accessing, or using the Services, you affirm that you have read, understand, and agree to these Terms, our Privacy Policy, our Data Protection Policy, and any other policies or guidelines referenced herein or accessible via the Services. If you are using the Services on behalf of a company (Customer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.
3. Changes to Terms
Lleverage reserves the right to modify these Terms at any time. Any changes will become effective immediately upon posting the updated Terms on our website. It is your responsibility to review these Terms periodically for any changes. For convenience, we will notify you about any significant changes to these Terms. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. If you do not agree with the revised Terms, you must discontinue your use of the Services immediately.
4. User Accounts
Account Creation: To access certain features of the Services, you must create an account by providing accurate, current, and complete information during the registration process. You agree to update your account information as necessary to keep it accurate and complete.
Account Security: You and the organization you work for (Customer) are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to notify Lleverage immediately of any unauthorized use of your account or any other breach of security.
Account Restrictions: You must not share your account credentials with any third party. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself without permission.
5. Subscription and Fees
Subscription Plans: Lleverage offers various Subscription Plans that determine the level of access and the features available to Customers and its Users. Each Subscription Plan is by default subject to these terms and conditions, unless specifically agreed otherwise. Detailed information about our Subscription Plans are available upon request.
Fees and Payment: You as a Customer agree to pay all fees associated with your chosen / signed Subscription Plan. Payment terms, including due dates and methods of payment, will be provided during the sign-up process or through an Order Confirmation, whichever is applicable to your situation. All fees are non-refundable except as required by law or explicitly stated in the Subscription Plan.
Automatic Renewal: Subscription Plans may automatically renew at the end of the subscription period unless specifically agreed otherwise, or if you cancel your subscription prior to the renewal date / notification date (whichever is applicable to you). You will be charged the applicable subscription fees for the renewal term if you haven't cancelled your subscription.
6. Use of Services
Use: Customers, including its Users, must at all times comply with the Acceptable Use Policy. We may review conduct for compliance purposes, but we have no obligation to do so.
Prohibited Uses: You agree not to:
Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
Modify, adapt, or hack the Services, or attempt to gain unauthorized access to the Services or related systems or networks.
Use the Services to transmit any malicious code, viruses, or harmful data.
Access or use the Services in a way that circumvents or undermines any usage limitations or restrictions placed on the Services.
Service Availability: Lleverage strives to maintain high availability of the Services. Our commitment are specified in our Service Level Agreement (SLA). However, scheduled maintenance or unexpected outages may occur, and Lleverage will provide notice of planned maintenance whenever possible.
7. Intellectual Property Rights
Your Ownership: As between us on the one hand, and Customer and its Users on the other, Customer will own all Customer Data and Custom Workflows, Pipelines, Apps and/or Agents, but excluding the components of the Services. Subject to the terms and conditions of the Order Confirmation / Contract between Lleverage and you as Customer (for itself and all of its Users), you as a Customer grant us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data, Custom Apps created or deployed by or for Customer, only as reasonably necessary (a) to provide, maintain and improve the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law, to prevent fraud, and (d) as expressly permitted in writing by Customer.
Our Ownership: We own and will continue to own our Services and all components thereof, including all related intellectual property rights. We may make these components available on-premises or for download, for example, via license keys or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with your Contract and any other Terms. All of our rights not expressly granted by this license are hereby retained.
Feedback: If you provide any feedback, suggestions, or recommendations to Lleverage regarding the Services ("Feedback"), you grant Lleverage a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into the Services or any other products or services without restriction.
8. Confidentiality
Confidential Information: During the course of using the Services, either party may disclose Confidential Information to the other. Confidential Information includes but is not limited to proprietary information, technical data, trade secrets, business plans, and any other non-public information, whether disclosed orally, in writing, or by other means.
Obligations: Both parties agree to:
Use the Confidential Information solely for the purposes of fulfilling their obligations under these Terms.
Protect the confidentiality of the Confidential Information with the same degree of care they use to protect their own confidential information, but in no event less than a reasonable standard of care.
Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law.
Exceptions: Confidential Information does not include information that:
Is or becomes publicly available without breach of these Terms.
Was known to the receiving party before receipt from the disclosing party.
Is received from a third party without breach of any confidentiality obligation.
Is independently developed by the receiving party without use of the Confidential Information.
9. Data Protection and Privacy
Data Processing: Lleverage processes Customer Data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Detailed information on how we process data can be found in our Data Protection Policy, which is incorporated into these Terms by reference.
Privacy Policy: Our Privacy Policy outlines how we collect, use, and protect your personal data. By using the Services, you agree to the collection and use of your data in accordance with our Privacy Policy. This policy is also incorporated into these Terms by reference.
User Obligations: You are responsible for ensuring that any Customer Data you submit to the Services, including personal data, is collected and shared in compliance with applicable laws. You agree to obtain all necessary consents and provide all required notices before submitting Customer Data to the Services.
10. AI-specific Provisions
Use of AI Models: Lleverage provides access to advanced AI / LLM models and algorithms that you can customize or fine-tune based on your specific requirements. The Output generated by these models is influenced by the data and instructions you provide. While we strive for accuracy, the results may vary, and you should independently verify the accuracy and appropriateness of any AI-generated Output.
Responsibility for Output: You are solely responsible for the use of any AI-generated Output, including ensuring that it is accurate, appropriate, and compliant with applicable laws and regulations. Lleverage disclaims any liability for decisions made based on AI-generated Output.
Ethical Use of AI: Users must adhere to ethical guidelines when using the AI Services, including principles of fairness, transparency, and accountability. A separate Responsible AI Policy is provided to outline these ethical guidelines in detail, and you agree to comply with it as part of these Terms.
11. Term and Termination
Term: These Terms remain in effect from the date you first access or use the Services until terminated by either party as described herein.
Termination by a Test User: You may terminate your account and stop using the Services at any time by cancelling your account in the platform.
Termination by a Customer: a subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and all Order Confirmations.
Termination by Lleverage: We may terminate the Contract on notice to you if the other party materially breaches the Contract or any of our Terms and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Users, including for any breaches of this Contract caused by its Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Users in violation of applicable law.
Effect of Termination: Upon termination, all rights granted to you under these Terms will cease, and you must immediately stop using the Services. Sections of these Terms that by their nature should survive termination, including but not limited to provisions related to payment, confidentiality, intellectual property, and liability, will remain in effect.
Data Portability and Deletion: During the term of a subscription, Customer will be permitted to export Customer Data via the cloud-based Services; provided, that Customer acknowledges and agrees that such ability to export may be limited by the applicable Services plan in effect, Customer's particular configuration of Pipelines, Workflows, Apps or Agents, and the data retention settings enabled by Customer. Customer further understands that there are currently no features or functionality made available by us that enables or assists the export, transfer, translation or transition of any applications build on top of the Services. Following the Term, Lleverage shall have no obligation to maintain or provide any Customer Data or Custom Apps, and upon Customer's deletion of its account, Lleverage shall, unless legally prohibited, delete all Customer Data and Custom applications in its systems or otherwise in its possession.
12. Disclaimer of Warranties
As-Is Basis: The Services are provided on an "as is" and "as available" basis. Lleverage makes no warranties, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
No Guarantee of Results: Lleverage does not guarantee that the Services will meet your specific requirements, achieve any particular result, be compatible with any software or hardware, or be error-free. The use of the Services is at your own risk.
12. Limitation of Liability
Exclusion of Damages: To the maximum extent permitted by law, Lleverage shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in any way connected with your use of or inability to use the Services, even if Lleverage AI has been advised of the possibility of such damages.
Cap on Liability: Lleverage's total liability for any claims arising out of or related to these Terms or the Services shall not exceed the amount paid by you to Lleverage during the twelve (12) months preceding the event giving rise to the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless Lleverage, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
Your use of the Services;
Your breach of these Terms;
Your violation of any applicable laws or regulations;
Any User Content you submit to the Services.
15. Governing Law and Jurisdiction
Governing Law: These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles.
Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Amsterdam, Netherlands. You and Lleverage AI consent to the personal jurisdiction and venue of these courts.
16. Miscellaneous
Entire Agreement: These Terms, along with our Privacy Policy, Data Protection Policy, Acceptable Use Policy, and Responsible AI Policy and your Contract constitute the entire agreement between you and Lleverage regarding your use of the Services and supersede any prior agreements or understandings, whether written or oral.
Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
Waiver: The failure of either party to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Lleverage AI's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Lleverage AI may assign or transfer these Terms freely without restriction.
Notices: All notices required under these Terms must be in writing and will be deemed given when delivered by hand, sent by email, or mailed by certified or registered mail, return receipt requested, to the address provided by the receiving party.
For any questions regarding these Terms, or if you need further assistance, please contact us at support@lleverage.ai.
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