LeadGrid Terms of Use and Agreement

By purchasing our products and services, continuing to review our website and accompanying materials, and by clicking on “I accept the terms and conditions”, you are entering into a contract with LeadGrid, LLC., operator of the LeadGrid system and features (collectively “LEADGRID”), and are agreeing to the Terms and Agreement for use of LEADGRID, along with any amendments thereto and any operating rules or policies that may be published from time to time by LEADGRID, hereinafter referred to as (the "Terms").

These Terms govern your use of the LEADGRID website “Website”, services “Services”, and review of any other information or materials (“Accompanying Materials”) provided by LEADGRID.

You agree that you have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms.

Read these Terms carefully. If you do not agree to these Terms, do not click "I accept the terms and conditions" and do not use our services, website, or accompanying materials.

These Terms may be modified from time to time at the sole discretion of LEADGRID, and such changes or modifications are effective immediately upon the earliest of (a)

LEADGRID’s email notification to you advising you of such changes or modifications, (b) your electronic acceptance of the Terms after such changes or modifications have been made to the Terms as indicated by the "Date of Last Revision" date at the top of the Terms, or (c) your continued use of the Services after LEADGRID posts the updated Terms to LEADGRID.com. In addition, when using particular LEADGRID services, you and LEADGRID will be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.

This is an electronic contract.

You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases of products and services. Your agreement to be bound by electronic submissions applies to all records relating to all transactions you enter into with LEADGRID, including any notices of cancellation, policies, contracts, and applications. In order to use the LEADGRID Website and to access and retain electronic records, you may be required to have certain hardware and software, which are your sole responsibility. LEADGRID is not responsible for typographic errors in these Terms, on our Website, in descriptions of Products and Services, or in Accompanying Materials.

Description of Services

  • LEADGRID provides a "coupon exchange network" (hereinafter referred to as a “LeadGrid Network”) and a “coupon exchange widget” (hereinafter referred to as a “LeadGrid Widget”), with which you as an online store can exchange offers and discount coupons with other online stores.
  • Any new features or tools which are added to the current LeadGrid Network shall also be subject to this contract.

OWNERSHIP OF SERVICE & CUSTOMER DATA

  • Ownership of the Service. The Service is the property of LEADGRID, and is protected by copyright, patent, trade secret and other intellectual property laws. LEADGRID and its licensors retain any and all rights, title and interest in and to the Service (including, without limitation, all Intellectual Property Rights), including all copies, modifications, extensions and derivative works thereof. Customer’s right to use the Service is limited to the rights expressly granted in this Agreement and the applicable Order Form(s). All rights not expressly granted to Customer are reserved and retained by LEADGRID and its licensors.
  • Ownership of Customer Data. As between Customer and LEADGRID, (a) all Customer Data is the property of Customer, and (b) Customer retains any and all rights, title and interest in and to the Customer Data, including all copies, modifications, extensions and derivative works thereof.

Account

  • As a registered user of LEADGRID, you may establish an account (“Account”) on our Website.
  • You acknowledge that LEADGRID will use the email address provided during Account registration as the primary method for communication.
  • You are responsible for keeping your password and Account secure. LEADGRID cannot and will not be liable for any loss or damage that results from failure to maintain the security of your Account and password.
  • You are responsible for all activity and content such as data, graphics, photos and links that are uploaded under your LEADGRID Account. You must secure the rights for use of any content. You must not transmit any worms or viruses or any code of a destructive nature.
  • These Terms constitute an agreement for use of the LeadGrid Network, and you are not granted a license to any software. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the LeadGrid Network or any software, documentation or data related to the Services ("Software"); modify, translate or create derivative works based on the LeadGrid Network or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the LeadGrid Network or any Software; use the LeadGrid Network or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

Payment

  • In consideration of the LeadGrid Network provided, you will pay LEADGRID all fees due according to the prices and terms agreed in this contract.
  • By agreeing to these terms and paying all fees due according to the prices and terms agreed in this contract, you, or the company or organization you are fully authorized to represent will be a “Customer” of LEADGRID.
  • LEADGRID reserves the right to modify its pricing and terms at any time, and such changes or modifications will be effective immediately upon the next renewal, billing period, upgrade or downgrade of the Services with notice to Customer.
  • A valid credit card may be required for accounts to process payment. LEADGRID will automatically charge Customer’s credit card on file based on Customer’s billing cycle (monthly, partial yearly or yearly, depending on the Services selected and billing terms for individual services) until Customer validly terminates the LeadGrid Network.
  • LEADGRID shall issue a prepayment request for the Customer eight (8) days prior to the expiration of the applicable billing period for the next period billing based on the current prices and terms. The prepayment request will be sent to the email address provided by the Customer at the time of registration or as currently stored in their Account.
  • Within five working days of the settlement of the payment amount, LEADGRID produces an electronic invoice for the Customer.
  • All billing invoices and payment notifications will be maintained directly in Customer’s Account Portal.
  • The rental fee of the LeadGrid Network which can be rented as an online service includes the continuous operation of the software defined further on.
  • LEADGRID plans are based on order volume your online store or website receives. This limit varies based on the plan you have chosen. Counting of orders starts on monthly anniversary of your Account which is the day you start using our service. The amount to be charged is based on the number of orders received on the 30 days prior to your monthly anniversary.
  • The counting of orders at LEADGRID is based on the number of orders placed by customers in your online store or website no matter if the order was valid, confirmed or paid.
  • Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel your subscription at any time, in which case your subscription will continue until the end of that billing cycle before terminating. You may cancel your subscription immediately after the subscription starts if you do not want it to renew.

LEADGRID rights and obligations

  • All LEADGRID products and services, website and accompanying materials are provided as-is, with no guarantee or warranty expressed or implied.
  • LEADGRID shall immediately notify the Customer if it becomes aware of any circumstances that would impact the performance of the services, or website and will keep Customer informed during the process to remedy any deficiencies in performance that may be caused by LEADGRID.
  • At no time shall LEADGRID be liable for loss or damages resulting from use of the LEADGRID system, or any deficiencies of performance while using LEADGRID, whether or not these deficiencies are the result of any negligence on the part of LEADGRID.
  • LEADGRID staff shall be entitled to login the Customer’s LeadGrid Network for maintenance purposes.

Customer rights and obligations

  • Customer is required to provide LEADGRID assistance required to deliver Service.
  • Customer is responsible for treating, recording and administering the products found and offers in the LeadGrid Widget in all cases. LEADGRID does not participate in the sales process in the Customer’s online store or website. These Terms to display the LeadGrid Widget do not imply any sort of business relationship or sales partnership, and the only relationship between the Customer and LEADGRID is for the use of LEADGRID as outlined herein.
  • LEADGRID has no form of relationship and no liability, expressed or implied, with the people to whom Customer displays the LeadGrid Widget. The Customer is solely liable for the content and solidity of data of the discount offers registered in the LeadGrid Network.
  • Customer assumes all legal obligations required in connection with the website and LeadGrid Network operation, (all-time valid indication of company data, etc), as well as to set any changes in the company's information in the LeadGrid Network administration interface. LEADGRID provides resources to do so through Service functions. In the event of failure to provide updated information or respond to queries, LEADGRID is entitled to suspend the publicly accessible portion of the Service until Customer submits completion of documents.
  • Customer declares that he is aware of the rules of the Internet mail sending. LEADGRID is not responsible for the content of the data traffic generated during the use of the Service.
  • Customer hereby grants LEADGRID a non-exclusive right and license to use Customer’s name and Customer’s trade names, trademarks, and service marks (collectively, "Customer’s Marks") as provided to LEADGRID in connection with these Terms: (a) on LEADGRID’s own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing LEADGRID’s Services and (c) in applications reasonably necessary and ancillary to the foregoing.

Customer Service

  • LEADGRID provides support to Customer, which includes an account manager who is responsible for the LeadGrid Network settings and will also monitor the performance of LEADGRID on the Customer’s website.
  • LEADGRID provides the design and setup of all campaigns and creatives as agreed by Customer in Customer’s Account.
  • Electronic communications between the Customer and LEADGRID are made between contact@leadgrid.io, no-reply@leadgrid.io, no-reply@leadgrid.net, newsletter@leadgrid.io or the address of the account manager; and, the email address provided at the time of registration by the Customer or the current email address as configured in the Customer’s Account.
  • The customer service form found on www.leadgrid.io, www.leadgrid.net, app.leadgrid.io, app.leadgrid.net, widgets.leadgrid.io and widgets.leadgrid.net can be used for reporting errors. In the case of error reporting, the message should include the operating system used when the failure occurred, its version number, any data on installed software and updates, the name and the exact version number of the browser, the time of the error causing, the steps taken and the URL the error can be viewed at. If the service error code is written, it should also be included in the message.
  • LEADGRID agrees to comply with the response time providing the following conditions: The response time is calculated from when the problem is filed by LEADGRID, but no later than from 9:00 am the first working day following dispatch. The response time provided is the time the customer service gives feedback to the error reported, and starts troubleshooting. Troubleshooting time is not included in this response time.
Difficulty of problem]]] Response time]]] Definition]]]
1 (Very important) 48 hours A certain critical function does not work in the LeadGrid Network
2 (Important) 72 hours Some LeadGrid Network function cannot be performed, and it is a UX problem for the people to whom the LeadGrid Network is displayed
3 (General) 5 days A LeadGrid Network function which is not visible to the people to whom the LeadGrid Network is displayed and does not prevent them from using the LeadGrid Network

Force majeure

LEADGRID will have no liability to Customer or any third-party for any failure by LEADGRID to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of LEADGRID, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or another event of force majeure.

Term and Termination

  • Customer may terminate this agreement or the Services at any time with or without cause, and with notice.
  • LEADGRID may terminate this agreement or the Services at any time with or without cause, and with or without notice. LEADGRID will have no liability to Customer or any third-party because of such termination.
  • Upon termination or expiration of these Terms by either party for any reason, (a) LEADGRID will cease providing the LeadGrid Network, (b) Customer will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to LEADGRID for your usage of the LeadGrid Network through the effective date of such termination or expiration will immediately become due and payable in full. All sections of these Terms, which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
  • Upon termination or expiration of this agreement by either party for any reason, LEADGRID may delete any Customer archived data within 30 days after the date of termination.
  • LEADGRID is entitled to immediately suspend Customer’s LeadGrid Network operation without notice, and, if the root cause for the suspension is not resolved, to remove the LeadGrid Network for the following reasons:
    • Customer displays or sells an unlawful product or service in his LeadGrid Network.
    • Customer displays content in the LeadGrid Network which is not certified to be ethical by LEADGRID
    • Visualizing violent, racist content or inciting against any person, church, group or body.
    • When using irrelevant keywords, description fields in LeadGrid Network content or code.
    • Deceptive, manipulative content at visualizing.
    • Using malicious code.
    • Visualizing any kind of content ruining the reputation or service of LEADGRID.
    • Visualizing or advertising any competing product or service of LEADGRID.
    • If LEADGRID deletes Customer LeadGrid Widget due to any of the above reasons Customer is not entitled to a refund of any fees, and cannot demand the content of the popup from LEADGRID.

Settlement of disputes

Both LEADGRID and Customer will do everything in their best power to resolve any disputes or disagreements that may arise between them regarding the framework of these Terms or the Terms, through direct negotiation. Parties are obliged to inform each other about any and all obstacles arising after the conclusion of the contract, specifically circumstances hindering the completion of the contract having learnt about the fact without delay.

The laws of United States of America will govern the validity and construction of these Terms and any dispute arising out of or relating to these Terms, without regard to the principles of conflict of laws. Customer hereby consents (and waives all defenses of lack of personal jurisdiction and forum non conveniens) with respect to the jurisdiction and venue of the federal and state courts located in Orlando, USA. Customer agrees to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms.

Orlando, 26th August, 2016


Date of Last Revision: August 28, 2016