Terms of Service

Uppdaterad augusti 03, 2022 · 19 min läsning

Thank you for using LeadPilot.

Please read these Terms carefully. These Terms of Service (“Terms” or 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 using artificial intelligence combined with company information API’s.

It is important for us that our terms and policies are clear and transparent. If you have any questions about the Terms, feel free to contact us at info@leadpilot.com.

1. Acceptance of Terms of Service

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 these Terms, including our Privacy Policy (https://leadpilot.com/privacy), Cookies Statement (https://leadpilot.com/legal/cookies), both incorporated herein by reference, and the Data Processing Addendum (“DPA”).

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such company or entity and its affiliates to these Terms, 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 all of the Terms herein, you must not access or use the Services.

2. Changes to the Terms of Service

LeadPilot may amend these Terms at its sole discretion, from time to time, unless otherwise stipulated herein. The date that the Terms was last revised on is identified at the top of the page. You are responsible for reviewing any updated Terms of Service we may send to you and contacting us to update your email address. Your continued use of our Services represent that you agree to be bound by the current revision of these Terms.

If LeadPilot makes future changes to these Terms (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:

  • you are eighteen (18 ) years of age or older;
  • agree to these terms;
  • have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services; and
  • you provide accurate, truthful, current and complete contact and billing information;

3.2. Acceptable Use

Your use of our Services is subject to your adherence 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. You further acknowledge, agree, represent and warrant that you follow the conditions detailed in this section.

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 these Terms.

Prohibited Content

  • Emails offering to sell illegal goods or services.
  • Emails that violate CAN-SPAM Laws.
  • Pornography/sexually explicit content.

Prohibited Actions

  • Use of any misleading or incorrect names, addresses, email addresses, subject lines, or other misleading or incorrect information in the Service, or in emails sent using our Service.
  • Access or use of our Services with the intent to build or promote a competitive product or service.
  • Attempt to reverse engineer or reconstruct any part of our Services.
  • Engage in any activity that can cause injury, loss or damage to LeadPilot or third party.
  • Harvest or collect any data, information or content from our Services, by using manual or automated software (including “bots”, “scrapers”, “crawlers” or “spiders”).
  • Use our Service for any unlawful purpose.

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 account, whether or not you 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 of these Terms, 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

The Services may be compatible or useful in connection with a third party applications or services. Any acquisition by you of such other third party applications or services, and any exchange of data between you and any other provider, is solely between you and the applicable other 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 application 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/price/, with respect to the Services, unless otherwise set forth in an Order Form. The Pay As You Go price is continuously updated and available on the App, using your Account, and resets each new calendar month.

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 cancelled once charged and all fees paid are non-refundable; and that all payments must be paid in full.

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. In addition, we reserve our right to suspend or delete your Account upon a 10 day prior notice.

This Section 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. Our Proprietary Rights

Unless otherwise indicated in writing by us, we own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets. Copyrights and other intellectual property rights are protected by Swedish and international copyright laws.

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, 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 these Terms, 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 these Terms and does not include any right to:

  • sell, resell license, sublicense, distribute, rent or lease the Services and the Contents;
  • use the Services and the Contents for commercial purposes unrelated to your lead generation and lead processing needs;
  • distribute, publicly perform or publicly display any Content;
  • modify or otherwise make any derivative uses of the Services or Content, or any portion thereof;
  • use any data mining, robots or similar data gathering or extraction methods;
  • download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us; or
  • use the Services or Content other than for their intended purposes, which shall be limited to use in furtherance of the Services.

Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. 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 these Terms 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.

You agree that LeadPilot may 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.

7. Confidential Information

“Confidential Information” means all information, whether oral or written, disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information excludes any information that, without breach of any obligation owed to the Disclosing Party or any other third party:

  • is public or generally known to the public;
  • was known to the Receiving Party prior a disclosure from the Disclosing Party;
  • is received from a third party; or
  • was independently developed by the Receiving Party,

The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but not less than reasonable care, to protect the Confidential Information of the Disclosing Party. The Receiving Party agrees not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of the Agreement, and except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with the Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

Notwithstanding the aforementioned, the Receiving Party may disclose any Confidential Information to the extent compelled by law, provided that the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure, to the extent permitted under law, and provide reasonable assistance, to the extent feasible and practical, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

8. Term and Termination

8.1. Term of Agreement

This Agreement is effective on the date you first accept it pursuant to Section 1 of these Terms 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 30 days before the end of the relevant term.

8.3. Termination

Any party may terminate the Agreement:

  • for cause of a material breach upon 30 days written notice to the other party and if such breach remains uncured at the expiration of such period; or
  • if either of the parties becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

8.4. Customer Data Deletion

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.

9. Liability

9.1. General Disclaimers

LeadPilot is only responsible for providing the Website and the Services under the terms of this Agreement. LeadPilot shall not have any liability with respect to any communications created, stored, or transmitted through the Services.

9.2. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Website; (ii) 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 (iii) 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 these Terms, regardless of whether we terminate or suspend your account due to such violation.

9.3. No warranties

To the maximum extent permitted by law, we provide the Service on an “as-is” basis. This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express, statutory, or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, which are, to the fullest extent permitted by law, excluded from the Agreement.

9.4. Indemnity

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from:

  • your Content;
  • your use of the Service;
  • your violation of any laws or regulations;
  • third-party claims that you or someone using your password did something that, if true, would violate any of these Terms;
  • any misrepresentations made by you; or
  • a breach of any representations or warranties you have made to us.

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:

  • personal delivery;
  • the second business day after mailing; or
  • the first business day after sending by email.

All notices, permissions and approvals to LeadPilot pursuant to this Agreement shall be delivered to:

LeadPilot AB

Felix Kollin, Chief Executive Officer

Sankt Eriksgatan 63 B

112 34, Stockholm, Sweden

Email: info@leadpilot.com

All notices, permissions and approvals to the Customer pursuant to this 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 Us 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) is void. In the event of any conflict or inconsistency between the Order Form and these Terms of Service, 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 these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

10.5. No Waiver

No waiver of any provision of these Terms 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 these Terms shall not constitute a waiver of such right or provision.

10.6. No Third Party Beneficiary

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are 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 Terms 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 relating to each of our respective activities pursuant to these Terms.

10.9. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Payment, Rights, 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, AI world domination, volcanic action, unusually severe weather conditions, acts of hackers, or third-party internet service providers.

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