Updated: 2024-01-11
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The Agreement
Please read the Agreement carefully. The terms and conditions herein, (“Terms of Use”), together with the available Privacy Policy, Cookies Statement and DPA (the “Agreement“) are applied to the use and access of our website at https://leadpilot.com/ (the “Website”) and our app at https://app.leadpilot.com/ (the “App”) and the products and services we provide through these mediums (collectively, “Services”).
The App is a web-platform that finds and contacts potential leads automatically, more information is available at https://leadpilot.com/en/platform.
It is important for us that our terms and policies are clear and transparent. If you have any questions about any part of the Agreement, feel free to contact us at info@leadpilot.com.
1. Acceptance of the Agreement
LeadPilot AB, our subsidiaries, and other affiliates (collectively, “LeadPilot“, “we” or “us”) provide paying users (“Customer” or “you”) with our Services. By using the Services you agree to be bound by the Agreement, which includes our Privacy Policy (https://leadpilot.com/en/privacy), Cookies Statement (https://leadpilot.com/en/cookies) and the Data Processing Agreement (“DPA”) (https://leadpilot.com/en/dpa), all incorporated herein by reference. By accepting the Agreement, you have entered into a legally binding agreement between you and LeadPilot.
If you are accepting the Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such a company or entity and its affiliates to this Agreement, in which case the terms “Customer” and “you” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree to the Agreement, you must not access or use the Services.
2. Changes to the Agreement
LeadPilot may amend the Agreement at its sole discretion, from time to time, unless otherwise stipulated herein. The date that these Terms of Use was last revised on is identified at the top of the page. You are responsible for reviewing any updates to the Agreement that we may send to you, and you are responsible to contact us to update any changes to your email address. Your continued use of our Services represent that you agree to be bound by the current vision of the Agreement.
If LeadPilot makes future changes to the Agreement (other than a change to LeadPilot's address for notice), you may object to such change by sending a written notice within 30 days of the change to LeadPilot's address for notice, and in such case, your Account will be immediately deactivated and this Agreement, which was in force immediately before the changes you opposed, will continue to apply. We undertake in good faith to resolve the dispute immediately and reactivate your Account.
3. Restrictions and Requirements
3.1. Eligibility
By registering an account with LeadPilot (an “Account”) or using our Services, you represent and warrant that:
3.2. Acceptable Use
Your use of our Services is subject to your adherence to certain documentation, such as the Order Form and certain service descriptions, pricing information and user guides available on our Services, as amended and/or updated from time to time (“Acceptable Use”). In this Agreement, “Order Form” means any document or electronic form used by the Customer to request specific product or services from LeadPilot. When accepted by LeadPilot, the Order Form becomes a part of the Agreement. You further acknowledge, agree, represent and warrant that you follow the conditions detailed in this paragraph.
You acknowledge and agree that you are responsible for your own acts and omissions. LeadPilot reserves the right to delete or disable access to any Account which violates any part of the Agreement without prior notice or explanation.
Prohibited Content includes but not limited to:
Prohibited Actions includes but not limited to:
3.3. Account and Password
You are responsible for maintaining the confidentiality of your password. You are also responsible for any account that you have access to and any activity occurring in such an account, whether or not you have authorized that activity. You will immediately notify us of any unauthorized access or use of your Accounts. We are not responsible for any losses due to stolen or hacked passwords.
We do not have access to your current password, and for security reasons, we only provide you with instructions on how to reset your password.
3.4. Reporting Abuse
If you think anyone is violating any part of the Agreement, please notify us immediately. If you received an email violating Acceptable Use and that you think came from a LeadPilot Account, please notify us as well, at info@leadpilot.com.
4. Third Party Applications
4.1. Acquisition of Third Party Applications
Our Services may be compatible or useful in connection with third party applications or services. Any acquisition of such external third party applications or services and any data exchange between you and other providers remains solely between you and the applicable third party provider.
We do not warrant or support third party applications, services, or linked websites.
4.2. Integration with Third Party Applications
The Services may contain features designed to interoperate with third party applications (such as Google OAuth). To use such features, you may be required to obtain access to third party applications from their providers and may be required to grant us access to your account(s) on the other applications. If the provider of other applications ceases to make the third party applications available for interoperation with the corresponding Service features on reasonable terms, we may cease providing those Service features without entitling you to any refund, credit, or other compensation.
5. Payment
5.1. Fees
You agree to pay fees in accordance with the rates listed at https://leadpilot.com/en/price/, with respect to the Services, unless otherwise set forth in an Order Form. For existing Customers with the subscription plan The Pay As You Go, the price is continuously updated and available on the App, using your Account, and resets each new calendar month. The Pay As You Go subscription is no longer available for new Customers.
Every Customer shall be responsible for timely payment of all fees specified on our invoices in Swedish Crowns (SEK) or Euros (EUR). By using our Services, you acknowledge and agree that our fees cannot be canceled once charged and all fees paid are non-refundable; and that all payments must be paid in full, including any late payment charges.
5.2. Late Payments
In the event that your payment was not timely made for any or no reason, we will automatically charge and you shall be automatically responsible for all reasonable surcharges, including but not limited to any administrative fees, processing fees and fines. LeadPilot shall have the right to charge interest at the highest rate permitted by law on any late payments. In addition, we reserve our right to suspend or delete your Account immediately and without notice due to any late payments.
This paragraph 5.2 (Late Payments) does not apply to any payment or invoice under a good faith agreement between both parties.
5.3. Future Functionality
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written comments regarding future functionality or features.
5.4. Taxes
By using our Services, you acknowledge and agree that our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, as “Taxes”). You are solely responsible for paying all Taxes associated with the use of our Services.
6. Rights
6.1. Proprietary and Intellectual Property Rights
Unless otherwise indicated in writing by us, we own all proprietary and intellectual property rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, Confidential Information and know-how. Copyrights, proprietary and other intellectual property rights are protected by Swedish and international copyright laws. This Agreement does not convey proprietary and intellectual property rights from LeadPilot to you or any third party. All rights, title, and interest in such proprietary and intellectual property will exclusively remain with LeadPilot. LeadPilot's logo, along with all other trademarks, service marks, graphics, and logos associated with LeadPilot or its Services, are trademarks or registered trademarks of LeadPilot or its licensors. Any other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of third parties. Your use of the Services does not grant you any rights or licenses to reproduce or use any of LeadPilot's or third-party trademarks.
6.2. User Content
If you submit any material, content data or information, including any personal information, on or through our Services (“Content”), you represent and warrant that you are the owner of such information or are authorized to submit such information. Prior to submitting any personal information of a third party, you represent and warrant that you shall provide a copy of our Privacy Policy to the third party and have received the explicit and informed consent from the third party to submit such information. Whenever you submit or process any personal information in our Services, the DPA applies.
We may use or disclose your Content only as described in these Terms of Use, our Privacy Policy, Cookie Statement, and, if applicable, the DPA.
By consenting and authorizing an email account to be connected to our Services, you represent and warrant that you agree to our collection of information from the email account, as well as our right to send emails on behalf of that email account. You further represent and warrant that it is your responsibility, prior to authorizing the email account to be connected to our Services, to confirm that you have obtained all necessary consent from the users of the email account; that the users of the email account has read, understood, and consented to our Privacy Policy; and that the email account is being used strictly for work related and non-personal purposes. You further represent and warrant that it is your responsibility to continuously monitor that the email account connected to our Services is being used strictly for work related and non-personal purposes. Whenever the email connection to our Services involves processing of personal data, the DPA applies.
6.3. Limited License
Subject to your compliance with the Agreement, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for lead generation and lead processing. However, such license is subject to the Agreement and does not include any right to:
Any use of the Services or Content other than as specifically authorized in the Agreement, without our prior written permission, is strictly prohibited and will terminate the license granted in the Agreement. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in the Agreement shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of LeadPilot or any third party, whether by estoppel, implication or otherwise.
6.4. Right to Review Content
We are granted access to view, copy, and internally distribute Content from your Account to create algorithms and programs. The algorithms and programs are used to make the Services smarter, identify problems, and improve the Customer experience.
6.5. Feedback and Suggestions
You grant to us and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to make, have made, use, distribute, modify, create derivative works of, incorporate into the Services and otherwise exploit in any manner any suggestion, enhancement request, recommendation, correction or other feedback provided by you or users relating to the operation or use of our Services.
6.6. Use of Name and Logo
LeadPilot may not use your company name and logo on its Website, brochures and other promotional materials, indicating that you are or have been a customer of LeadPilot, without a written approval from the Customer.
7. Confidential Information
Each party agrees to keep and procure to be kept secret and strictly confidential all information in any form or medium whether disclosed orally or in writing before or after the execution of this Agreement designated as confidential in writing by either party together with all other information which relates to the business, affairs, products, developments, technical specifications, plans, components and sources, trade secrets, know-how personnel, consultants, sub-contractors, customers and suppliers of either party, including the terms of this Agreement, or information which otherwise may reasonably be regarded as confidential (“Confidential Information”) of the disclosing party. For avoidance of doubt Confidential Information shall not be used by either party for any purpose other than fulfilling its obligations and complying with the terms and conditions of this Agreement.
Disclosure of Confidential Information shall be made only to those affiliates, employees, representatives (including for the avoidance of doubt, auditors and legal advisers) and sub-contractors who have a need to know the relevant information in order to further the purposes of this Agreement. The disclosing party shall ensure that such receivers are bound by confidentiality no less strict than set forth in this Agreement.
This paragraph shall not apply to any Confidential Information which the receiving party can demonstrate:
i. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
ii. is or becomes public knowledge other than by breach of the Agreement; or
iii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; or
iv. is independently developed without access to the Confidential Information; or
v. disclosure of Confidential Information is required by mandatory law, rule, regulation, applicable stock exchange rules or a court order.
The provisions of this paragraph shall survive the termination of this Agreement and for a period of 2 years thereafter.
Upon request by the disclosing party or upon termination of this Agreement, the receiving party undertakes to return and/or destroy, as requested, any materials containing Confidential Information, as well as any copies of such information. If such Confidential Information and/or copies thereof cannot be returned, the receiving party undertakes to destroy it.
8. Term and Termination
8.1. Term of Agreement
This Agreement is effective on the date you first accept it pursuant to paragraph 1 of these Terms of Use and continues until all subscriptions hereunder have expired or have been terminated.
8.2. Term of Services
The term of the Services shall be as specified in the applicable Order Form. The Customer may request changes to the term specified on the Order Form and LeadPilot reserves the right to deny any such requests. Except as otherwise specified in the Order Form, the term will automatically renew with the same term as the expiring term unless either party gives the other notice of non-renewal at least 15 days before the end of the relevant term. Notice must be given through the platform, in the billing section, by the Customer. LeadPilot will notify you through the method we consider most suitable if we terminate the Agreement.
8.3. Termination
Any party may terminate the Agreement:
LeadPilot may terminate the Agreement for any reason for its convenience with 15 days prior written notice.
8.4. Effects of Termination
Upon the termination or expiration of this Agreement, all granted license rights to use the Service will promptly cease. No refunds for fees will be provided, and any Customer data retained by LeadPilot will be disabled, deleted wherever possible, or archived to comply with legal obligations.
We will have no obligation to maintain or provide any Customer data to you after the termination or expiration of this Agreement and may continue to use the Customer data in aggregate form.
The rights, obligations, or liabilities accrued by the parties up to the termination date, including rights to damages due to agreement breaches, will remain unaffected. Additionally, all the Terms of Use specified in the Agreement that continue or come into effect will maintain their full force and effect.
9. Liability
9.1. General Disclaimers
LeadPilot is only responsible for providing the Website and the Services under the terms of the Agreement. LeadPilot shall not have any liability with respect to any communications created, stored, or transmitted through the Services. LeadPilot shall, except for in the event of its gross negligence or wilful misconduct, in no event be liable for any loss of profit, revenue, business savings or goodwill, loss of data, or the Customer’s obligation to compensate any third-party or any indirect or consequential damage whatsoever.
The Service Provider’s aggregate and total liability under the Agreement shall be limited to direct damages and to an amount equal to 100% of the fee paid by the Customer the preceding month of when the incident causing the loss occurred.
Customer assumes the sole responsibility and liability in relation to any content and LeadPilot does not assume any responsibility for any content used, published or uploaded into the Service by Customer and Customer agrees to indemnify and hold harmless LeadPilot against any claims for infringement or otherwise in relation to any materials or content provided by or on behalf of Customer.
9.2. Limitation of Liability
To the maximum extent permitted by law, you acknowledge and agree that:
the use of the Service is at your sole risk;
you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Website;
we will not be liable for any incidental, indirect, punitive, exemplary, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages; and
in any calendar month, our total liability to you arising under or in connection with the Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — will be no more than what you paid us for the Service the preceding month.
In no instance will LeadPilot be liable for any losses or damages you suffer if you use the Service in violation of the Agreement, regardless of whether we terminate or suspend your account due to such violation.
For avoidance of doubt, you expressly understand and agree that LeadPilot shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LeadPilot has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute products and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Agreement or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
9.3. No warranties
LeadPilot makes no warranty of any kind, express or implied, including any implied warranty of merchantability of fitness for a particular purpose, in connection with the Website or Services provided to you under the Agreement. LeadPilot does not and cannot warrant that the Service will operate without errors, or that any or all Services will be available or operational at all times. Except as specifically provided in the Agreement, or otherwise required by law, you agree that LeadPilot and its officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages under or by reason of your use or access to the Website, including loss of profits, revenue, data or use by your or any third party, whether in an action in contract or tort based on a warranty. Further, in no event shall the liability of LeadPilot and its affiliates exceed the amounts paid by you the preceding month for the Services provided to you through the Website.
9.4. Indemnity
You shall defend, hold harmless, and indemnify (collectively “Indemnify” and “Indemnification”) LeadPilot, its subsidiaries, and its and their respective successors, its officers, directors, employees, and agents (collectively, “Indemnified Parties”), from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal fees whether or not involving a claim by a third party (collectively “Claims”), actually or allegedly, directly or indirectly, arising out of or relating to (i) any breach of any representation or warranty of the Customer contained in this Agreement; ii) any breach or violation of covenant or other obligation or duty of the Customer contained under the Agreement or under applicable law; (iii) any third party Claims which arise out of, relate to or result from any act or omission of the Customer; and (iv) other enumerated categories of claims and losses, in each case whether or not caused in while on in part by the negligence of LeadPilot, or any other Indemnified Party, and whether or not the relevant Claim has merit. You shall bear all the cost defending any such claim, including payment of damages and legal fees.
LeadPilot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to Indemnification by the Customer, in which event the Customer shall fully cooperate with LeadPilot in asserting any available defense.
10. Miscellaneous
10.1. Notice
Except as otherwise specified in the Agreement, all notices, permissions and approvals shall be deemed to have been given upon:
All notices, permissions and approvals to LeadPilot pursuant to this Agreement shall be delivered to:
LeadPilot AB
Felix Kollin, Chief Executive Officer
Sankt Eriksgatan 121 B
113 43, Stockholm, Sweden
info@leadpilot.com
All notices, permissions and approvals to the Customer pursuant to the Agreement shall be delivered to the last email or physical address you have provided us. All billing-related notices will be sent to the relevant billing contact designated by you. All other notices shall be sent to the relevant service system administrator designated by you.
It is the responsibility of the Customer to update its contact information with LeadPilot. LeadPilot is not responsible for any correspondences that failed to reach the Customer due to a change in email or physical address not reported to LeadPilot.
10.2. Entire Agreement and Order of Precedence
The Agreement, including the DPA, is the entire agreement between you and LeadPilot regarding your use of our Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of the Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any term or condition stated in any purchase order or in any other ordering documentation that you may provide (excluding Order Forms accepted and confirmed in writing by LeadPilot) is void. In the event of any conflict or inconsistency between the Order Form and these Terms of Use, the Order Form shall control and govern. Any new Order Form issued and signed by LeadPilot and the Customer during the subscription term takes precedence over any previous Order Forms.
10.3. Assignment
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign the Agreement in its entirety (including all Order Forms), without the other party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
10.4. Severability
If any term, clause or provision of the Agreement is held invalid or unenforceable, then that term, clause or paragraph will be severable from the Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or paragraph, or any other term, clause or paragraph of the Agreement.
10.5. No Waiver
No waiver of any provision of the Agreement will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and a party’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
10.6. No Third Party Beneficiary
Except as otherwise provided herein, the Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.
10.7. Choice of Law
As long as no other law is enforced by a member of the European Union or other jurisdiction, Swedish Law applies to the Agreement and any disputes that may arise (caused by or in connection with them), without regard for their international private law rulings.
You and LeadPilot acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the Swedish court with the relevant jurisdiction to solve any disputes, demands or disagreements. No other countries' courts should have the jurisdiction to take such matters to trial.
10.8. Compliance with Laws
Both you and LeadPilot will comply with the applicable law and regulations relating to each of our respective activities pursuant to the Agreement.
10.9. Survivability
Even if this Agreement is terminated, the following paragraphs will continue to apply: Payment, Rights, Confidential Information, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Compliance with Laws, Severability, and Entire Agreement and Order of Precedence.
10.10. Relationship of the Parties
During the terms of the Agreement, you and LeadPilot are deemed independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
10.11. Force Majeure
We are not liable for any delays, failure or unavailability of any part of the Services caused by circumstances beyond our reasonable control. This includes, but is not limited to, acts of god, acts of government, war, terrorist acts, floods, fires, earthquakes, civil unrest, strikes or other labor problems, power blackouts, volcanic action, unusually severe weather conditions, acts of hackers, or third-party internet service providers.